RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the conviction and sentence in S.C. No. 49/2002 of Additional Sessions Judge (Fast Track Court -I), Thiruvananthapuram u/s. 55(a) of the Abkari Act. The charge against the appellant is that on 12.4.2000 at 11.25 a.m. the appellant was found in possession of 7 1/2 litres of arrack in the rubber estate of one Chandrasekharan Nair on the south eastern side of the Panavila Thampuram temple compound at Mavarthalakonam, Ulloor Village by the Asst. Sub Inspector of Police, Medical College Police Station. The accused was arrested and the contraband articles were seized, reaching at the Police Station, he registered a crime. After completing investigation, the Sub Inspector of Police, Medical College Police Station laid charge against the accused u/s. 55(a) and (h) of the Abkari Act.

(2.) During trial, prosecution examined PW 1 to PW 5 and marked Exts. P1 to P4 as documentary evidence. MO1 to MO3 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him u/s. 313 Cr.P.C. He did not adduce any defence evidence. The learned Additional Sessions Judge convicted the appellant and sentenced to imprisonment for three years and fine of Rs. 1 lakh, in default of payment of fine, rigorous imprisonment for one year. Being aggrieved by that, the accused preferred this appeal.

(3.) Heard both sides. According to Sec. 4(d) of the Abkari Act, the Government may, by notification in the Gazette, appoint officers to take action under Ss. 40 to 53 of the Abkari Act. Any subordinate officers may be appointed with such designation, powers and duties under this Act from time to time as the Government may think fit. Sec. 5 of the Abkari Act prescribing the powers and duties under this Act to be exercised and performed by Abkari Officers of the several classes and regulating the delegation by the Government or by the Commissioner of Excise of any powers conferred by this Act or exercised in respect of Abkari Revenue under any law for the time being in force. As per S.R.O. No. 321/96 dated 29.3.1996, the Government of Kerala appointed all police officers of and above the rank of Sub Inspector of Police in charge of Law and Order and working in the General executive branch of the Police Department was designated as Abkari officers as per Sec. 5 of the Abkari Act, which reads as follows: