RAJAPPAN S/O. KUNJUKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction in S.C.No.407/2003 of the Additional District and Sessions Judge (Adhoc) Court -I, Pathanamthitta u/s.8(1) and (2) of the Abkari Act. The charge against the accused is that on 11.7.2001 at 6.10 p.m., the accused was found in possession of two litres of arrack by the side of the road near Elanthottam junction in Kottangal -Padimon public road. The appellant was arrested and seized the arrack, thereafter registered a case. The investigation was conducted by the Sub Inspector of Police, Keezhvaipure, subsequently Sub Inspector of Police, Perumpetty laid charge before Judicial First Class Magistrate Court, Thiruvalla, from there it was committed to Sessions Court, Pathanamthitta.

(2.) During trial, prosecution examined six witnesses and marked Exts.P1 to P9 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 convicted him and sentenced to rigorous imprisonment for two years and fine of 1 lakh, in default simple imprisonment for two years. Being aggrieved by that, he preferred this appeal.

(3.) Heard both sides. The learned counsel appearing for the appellant contended that the investigation was conducted by the Sub Inspector of Police, Keezhvaipure, who had no territorial jurisdiction to enter within the jurisdiction of perumpetty Police Station to conduct an investigation. The materials collected by the non -empowered officer cannot be taken in the trial of an abkari offence. The investigation in this case can be conducted by an Abkari Officer notified u/s.4 of the Abkari Act. The Circle Inspector has no power to delegate any power by violating the notification issued by the Government.