VELUTHA Vs. THE SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The main challenge in this case is whether a part of the investigation has been conducted by a Sub Inspector outside his territorial jurisdiction and whether that investigation report can be used for a conviction?

(2.) This appeal is filed by the accused against the judgment of conviction in S.C.No.319/2003 by the Additional Sessions Judge (Adhoc)-I, Kalpetta for offence punishable under Section 55(a) of the Abkari Act (hereinafter referred to as the Act). The charge against the accused is that on 3.8.2001 the Sub Inspector of Police, Sulthanbathery conducted a joint raid with forest officers in the house No.VI/342 of Mykkara Paniya Colony, Muthanga and seized 5 litres of arrack from there. The accused was arrested and the contraband articles were taken into custody, reaching at the Police Station, he registered a crime. After completing investigation, the Sub Inspector of Police, Sulthanbathery laid charge before Judicial First Class Magistrate Court-I, Sulthanbathery, from there the case was committed to Sessions Court, Kalpetta.

(3.) In order to substantiate the case, prosecution examined six witnesses and marked Exts.P1 to P7 as documentary evidence. MO1 and MO2 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him, he did not adduce any defence evidence. The learned Additional Sessions Judge (Adhoc-I) convicted the accused u/s.55(a) of the Act and sentenced to rigorous imprisonment for one year and fine of 1 lakh, in default of payment of fine rigorous imprisonment for three months. Being aggrieved by that, he preferred this appeal.