JOSE, S/O JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the first accused in S.C.No. 78 of 2010 of the Court of Session, Kottayam. He is the registered owner of the lorry No. KL-5J 8701. The second accused, who faced prosecution along with the the first accused, is said to be the driver of the lorry.

(2.) The appellant and his driver faced prosecution in the court below on the allegation that on 29.09.2009, they illegally imported huge quantity of Indian Made Foreign Liquor, contained in 419 bottles, from the State of Goa, concealed in a secret chamber under the platform of the lorry. The offence was detected by the Sub Inspector of Police, Pala. He and his party, who came in a private vehicle for detection on the basis of reliable information, happened to inspect the said vehicle which was seen parked at the side of the Edappady-Pavithanam public road, within the limits of the Pala Police Station. While they were watching the lorry parked at the side of the road, they saw two persons coming on a motor cycle, and taking a bottle from a secret chamber under the platform of the lorry. Immediately, the police party caught them, examined the bottle, and also examined the secret chamber found under the platform of the lorry. Then the Sub Inspector found huge quantity of Indian Made Foreign Liquor in 419 bottles, imported from the State of Goa, having identical labels indicating manufacture in Goa, concealed in a secret chamber. Of the 419 bottles, four bottles of 750 ml capacity contained Honey Bee Rum and the other 415 bottles of 750 ml capacity contained Peters XXX Rum, manufactured in Goa. The huge quantity of liquor was seized by the Sub Inspector along with the lorry and also the motor cycle, as per a mahazar. The properties and the accused were produced at the Police Station where the crime was registered by the Sub Inspector. The Sub Inspector himself investigated the case, and submitted final report in court.

(3.) On committal, the case came up before the Court of Session, from where it was made over to the learned Additional Sessions Judge (Adhoc-I), Kottayam, for trial and disposal.