VESUKUTTAN @ RAMANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, who was prosecuted for the offences punishable under Section 55(a) read with Section 8(2) of the Abkari Act, was found guilty of the same. He was therefore convicted and sentenced to suffer simple imprisonment for one year and to pay fine of 1 lakh with a default clause of three months. Set off as per law was allowed.

(2.) The incident in this case occurred on 18.01.2003 at about 5.45 p.m.. On that day PW1 along with PW2 and other were on routine patrol duty. When they reached near the Old Post Office in Pallippara, they happened to see the accused coming along the road with a white can of 5 litre capacity. Seeing the excise officials, he became nervous and jittery and that caused suspicion in the minds of the officers. They intercepted him and seized the can. On examination by taste and smell, it was revealed that the contents was arrack. A sample of 375 ml taken was sealed and labelled containing the signature of the accused, PW1 and the witnesses. The balance quantity was also sealed in the can itself and labelled as stated before. Ext.P1 seizure mahazar was drawn up at the place of occurrence itself. PW1 along with PW2 and others returned to the Excise Range Office with the articles seized, documents and the accused and handed over the same to PW4. PW4 was the Excise Range Inspector at the relevant time. He admits that on 18.01.2003, PW1, after detecting the offence, had entrusted the articles, the accused and the documents to him and he has taken custody of the same. He also says that as per Ext.P3, Crime No. 1/2003 was registered. According to him, the property seized by PW1 was produced along with property list, namely, Ext.P4. He prepared Ext.P6 remand report and the forwarding note is Ext.P5.

(3.) The court before which the final report was laid, took cognizance of the offences and finding the offences to be exclusively triable by a Court of Sessions, committed the case to Sessions Court, Palakkad 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-II, Palakkad for trial and disposal.