MANIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 58 of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of rigorous imprisonment for a further period of three months.

(2.) The incident in this case occurred on 15.12.1999. On that day, PW3, the Excise Inspector attached to Thirupuram Excise Range and PW2, the Preventive Officer along with others had gone on routine patrol duty. While they were on the route to the Karichal Church, they happened to see the accused coming along the way carrying a 2= litres can.Seeing the Excise Officers, he tried to retrace his steps. He was intercepted. He was prevented from doing so and the can was seized by the Excise Officers.

(3.) The court before which the final report was laid, took cognizance of the offence and finding the offence to be exclusively triable by a Court of Sessions, committed the case to Sessions Court, Thiruvananthapuram under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court for the Trial of Abkari Act Cases, Neyyattinkara, for trial and disposal.