LAWS(KER)-2015-10-261

GANGADHARAN Vs. STATE OF KERALA

Decided On October 09, 2015
GANGADHARAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 55 (a) and (b) and 58 (8) of the Abkari Act. After trial, the accused was found guilty of the offence punishable under Section 55(a) of the Abkari Act. He was therefore convicted and sentenced to suffer rigorous imprisonment for 1= years and to pay a fine of 1 lakh with a default clause of 3 months.

(2.) The prosecution case in brief is that in 1999 while PW4 was functioning as the Circle Inspector of Police, on 26.09.1999 at about 5.00 p.m., he along with PW6 had gone on patrol duty. On the way, they received reliable information that in a compound near the ITI, illicit liquor was being sold. They went to the place and found the accused standing in a compound under a coconut tree and vending in illicit liquor. They approached him, intercepted him and on verification of the contents of the can, which was kept near the accused, they were convinced that it was arrack. He was arrested and sample was taken from the can. The sample was sealed and the label was affixed containing the signature of the accused, PW4 and the witnesses. They also seized the glass and seized the currency notes from the accused. Ext.P1 mahazar was prepared. PW4 then returned to the station and handed over the records, the accused and the articles to the Station House Officer. The said report is Ext.P2. PW5 received the articles and the accused and registered crime as per Ext.P3 FIR. PW6 took over investigation. He drew up the property list, namely, Ext.P4 and also prepared the forwarding note. He sent the samples for chemical examination. Ext.P5 is the chemical analysis report. Statements of witnesses were taken, investigation was completed and charge was laid before court by the Sub Inspector of Police.

(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 procedure. The said court made over the case to Additional Sessions Court, Fast Track (Adhoc)-II, Thiruvananthapuram for trial and disposal.