BABU, S/O APPU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, who was prosecuted for the offences punishable under Sections 58(8) and 55 (a) and (h) of the Abkari Act, was found guilty. He was convicted and sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine of 1 lakh with a default clause of three months.

(2.) On 22.10.2000 while PW4, the Assistant Sub Inspector of Police attached to Palode Police Station along with PW3 and other officers had gone on patrol duty at about 11.30 a.m., he received information about the accused vending in illicit liquor. When they reached the place of occurrence, they saw the accused standing there with a plastic bag in his hand. The plastic bag was seized and it was found to contain two bottles having a capacity of 750 ml and 150 ml containing some liquid. By taste and smell, it was recognized as arrack. PW4 prepared Ext.P1 mahazar. He returned to the Police Station along with the accused and the seized articles and registered crime as per Ext.P2 FIR. PW5 took over investigation. He says that the accused was produced before court. The property list by which property was forwarded is Ext.P3. The forwarding note prepared by him for sending the samples for chemical analysis is Ext.P4 and the report so received is Ext.P5. He recorded statement of witnesses, completed investigation and laid charge before court.

(3.) The court before which the final report was laid took cognizance of the offence and on finding that the offeces are exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Thiruvananthapuram. The said court made over the case to Additional Sessions Court, Fast Track (Adhoc)-II, Thiruvananthapuram for trial and disposal.