BHAVANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offence punishable under Section 8(1) and (2) of the Abkari Act and was found guilty. She was therefore convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1 lakh with a default clause of six months.

(2.) The incident in this case occurred on 29.03.2002. On that day, PW1, the Preventive Officer attached to Mavelikkara Excise Range Office along with other officers had gone on routine patrol duty. When they reached near Puthenchantha, they happened to see the accused coming along the road with a bottle in her hand. Feeling suspicious, she was intercepted and the bottle was seized. The bottle was found to contain a liquid of 750 ml. By taste and smell, it was identified as arrack. The witnesses were also convinced that the accused was carrying arrack. Since the assistance of women constable were not available at that point of time, the accused was not arrested. A sample of 200 ml was taken in a bottle having a capacity of 375 ml and that was sealed and labelled at the spot. Ext.P1 mahazar was prepared at the spot and PW1 and the witnesses affixed their signature on Ext.P1. On the sample, the signature of PW1 and the witnesses were obtained and so also on the balance quantity. Label was affixed on MO1 also. They returned to the Range Office and entrusted the articles and the records to the Range Officer. He identified the accused in the accused dock. PW5 received the articles and the records and registered crime No.78/2002 as per Ext.P2 occurrence report. Investigation was done by him.He prepared the property list which is marked as Ext.P3. Ext.P4 is the requisition letter.He recorded the statement of witnesses and obtained the chemical analysis report as Ext.P5. After completing investigation, he laid final report before court.

(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, Alappuzha under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional Sessions Court, Fast Track-I, Alappuzha for trial and disposal.