SUJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the third accused in S.C. No. 73 of 2005 on the files of the Additional Sessions Court (Ad hoc) - I, Pathanamthitta. He preferred this revision petition praying for quashing the charge framed by the court against him in the said Sessions Case.

(2.) Heard Sri. C.C. Thomas, learned Senior Counsel appearing for the petitioner and Smt. Seena Ramakrishnan, learned Public Prosecutor appearing for the respondent.

(3.) The facts that are necessary for the disposal of this revision petition are briefly stated as follows: The Deputy Director of Income Tax(Investigation), Thiruvananthapuram, and his party conducted a search in the house of the first accused, who is the father of the petitioner, on 17.5.2000. Seventy jerrycans containing 34 litres each of spirit were found kept in a building near the residential building of the first accused. The building where the spirit was found stands in the name of the petitioner. On getting information from the Deputy Director of Income Tax(Investigation), Thiruvananthapuram, the Sub Inspector of Police, Adoor Police Station, and his party reached there and seized the contraband under a mahazar. Thereafter, he returned to Adoor Police Station and registered a case, Crime No. 311 of 2000 of that Police Station, against the first accused in respect of the occurrence. In the F.I.R., the first accused alone was shown as committed the offence. The Circle Inspector of Police, Adoor, had investigated the case and submitted the Final Report before the Judicial First Class Magistrate's Court, Adoor, alleging the offences under Section 55(a) and (h) of the Abkari Act against the first accused. Subsequently, the Circle Inspector of Police, Adoor, submitted an application under Section 173(8) of Cr.P.C. before the learned Magistrate seeking permission for conducting further investigation of the case. Learned Magistrate granted permission for further investigation. While so, as per P.H.Q.Order No. Confdl. 88334/2000 dated 10.11.2000 and Order No. 41/Camp/CBSR/2000 dated 1.12.2000 of DIG(Crimes), Thiruvananthapuram, the investigation of the case was transferred to the Special Investigation Team for Spirit Smuggling Cases, Thiruvananthapuram, headed by the Deputy Superintendent of Police, Narcotic Cell, Alappuzha. Accordingly, the Special Investigation Team headed by the said Deputy Superintendent of Police had taken over the investigation of the case. During the course of investigation, the second accused was arrested and produced before the court. Subsequently, a report dated 17.2.2001 was filed by the investigating agency before the court implicating the petitioner and arraying him as the third accused. Thereafter, he was arrested on 17.3.2001 and produced before the court. The fourth accused was arrested on 15.9.2001 and produced before the court. There is one more accused in the case viz. the 5th accused. Subsequently, the fourth accused turned to be an approver as provided under Section 306 of Cr.P.C. as per orders of the court on 29.1.2002. Accordingly, his statement was recorded by the court on 18.2.2002. After the fourth accused turned to be an approver, the fifth accused was arrayed as the fourth accused. The Special Investigation Team completed the investigation and submitted the Final Report before the court.