K N VIJAYAN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) These two appeals have arisen from the judgment of the Court of Session, Kasaragod, in S.C.No. 468 of 1999 dated 06.01.2004.

(2.) The appellants in these two appeals faced prosecution along with another person as the fourth accused in the court below on an allegation that when the Sub Inspector of Police, Chittarikkal, conducted a search at the toddy shop No. 76 at Chittarikkal within the Nileshwaram Excise Range, toddy mixed with diazepam was found kept for sale there. Two samples of toddy containing diazepam were lifted by the Sub Inspector from the toddy seen kept for sale at the toddy shop, and on the basis of definite belief that it contained diazepam, and also on the basis of the seizure made by the Sub Inspector from the toddy shop, he registered a crime against the accused. The accused Nos. 1 and 2 are the joint licensees of the toddy shop, and the fourth accused was seen there as a salesman. The toddy shop was being run by the third accused at that time. One of the two samples was sent for analysis directly to the laboratory by the Sub Inspector, and the second sample was kept in safe custody. On getting report from the Chemical Examiner that the sample was found containing diazepam, the Police submitted a report adding Section 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and thereafter brought final report also against the four accused. The prosecution allegation is that toddy containing diazepam was kept for sale by the third accused at the toddy shop, and he did it with the knowledge and permission of the accused Nos. 1 and 2, the licensees.

(3.) The four accused appeared before the trial court, and pleaded not guilty to the charge framed against them under Section 57(A) of the Kerala Abkari Act (hereinafter referred to as "the Act") and under Section 22 of the NDPS Act (before the amendment of 2001). The prosecution examined three witnesses in the trial court, and proved Exts.P1 to P18 documents.