KUNHIKANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 55(a) of the Abkari Act. He was found guilty. He was therefore convicted and sentenced to suffer 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 incident in this case is said to have occurred on 05.12.2001. At the relevant time, PW1 was working as the Preventive Officer of the Excise Range, Nadapuram. He along with his team of officers had gone on routine patrol duty. When they reached a place called Thuruthi, they happened to see the accused coming along the way holding a can. Feeling suspicious, he was stopped and the can was seized and its contents were examined. By taste and smell, the liquid was identified as arrack. Ext.P1 arrest memo was drawn up and he was arrested. A sample has been taken in a bottle of 180ml capacity. It was sealed and labelled and the label contained the signatures of PW1 and the accused. Then he prepared Ext.P2 seizure mahazar. He returned to the Station along with the accused, contraband articles and the documents and registered crime as per Ext.P3 occurrence report. He prepared Ext.P4 property list. Ext.P5 is the forwarding note and he obtained Ext.P6 Chemical Analysis Report. PW4 took over investigation. He recorded statements of witnesses and after completing investigation, he laid charge 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, Kozhikode under Section 209 of Cr.P.C. after following the necessary procedures. The said court made over the case to Additional District & Sessions Court, Fast Track (Adhoc-I), Kozhikode, for trial and disposal.