LAWS(KER)-2015-12-311

ASOKAN @ ASOK KUMAR Vs. STATE OF KERALA

Decided On December 17, 2015
ASOKAN @ ASOK KUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Two persons were prosecuted for the offences punishable under Sections 55(a) and 8(1) & (2) of the Abkari Act. Among them, the first accused alone was found guilty and A2 was acquitted of all charges. A1 was convicted for the offences alleged against him and sentenced to undergo rigorous imprisonment for two years and to pay a fine of 1 lakh with a default clause of simple imprisonment for a further period of six months.

(2.) The prosecution case is that on 10.03.2002, while PWs 2, 4 and others were on routine patrol duty, they received reliable information that a jeep bearing registration No. KL5C-3807 was being used for transporting arrack. The Police jeep was parked near Alady estate gate. They found a jeep coming at a high speed and signalled it to stop. It did not stop and went ahead. It was chased and ultimately the jeep hit a tree and came to a halt. The driver and a person sitting on the rear side of the jeep escaped. When the jeep was examined, it was found to contain a 10 litres can with liquid in it. They identified it as arrack by smell and taste. Two samples were taken by PW2 which was sealed and labelled containing the signatures of witnesses and PW2. PW2 registered the case as per Ext.P2 FIR on the basis of suo motu report which is marked as Ext.P2(a). By Ext.P3 property list, he had the contraband article produced before court. The delay in producing the articles before the court, according to him, was due to his law and order duty and he had no time to spare and he could not go to the court and entrust the properties. PW3 is the Investigating Officer. He recorded statements of witnesses, obtained the Chemical Analysis Report and laid charge before court.

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