JOJIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in Crl. A. No. 658 of 2011 is the original first accused in Crime No. 1 of 2006 of the Kodungallur Excise Range, and the appellant in Crl. A. No. 2517 of 2008 is the second accused therein. After investigation, the Excise Circle Inspector of the Kodungallur Circle submitted final report in the said crime under Sections 8(2) and 55(g) of the Kerala Abkari Act (hereinafter referred to as "the Act") before the Judicial First Class Magistrate Court, Kodungallur.

(2.) On committal, the case came up before the Court of Session, from where it was made over to the learned Additional Sessions Judge (Ad-hoc-I), Thrissur, for trial and disposal. Thus, the case came up as S.C. No. 747 of 2006 before the learned trial Judge. Pending the proceedings, the first accused absconded, and in such a situation, the trial proceeded against the second accused. The case against the first accused was split up and re-filed.

(3.) The prosecution case is that at about 10.00 p.m. on 22.01.2006, the two accused were found distilling arrack at the building No. 17/336 of the Sree Narayanapuram Grama Panchayat. The offence was detected by the Circle Inspector of the Kodungalloor Excise Circle, on search of the said building on the basis of a secret reliable information. He arrested the two accused on the spot, and seized huge quantity of arrack, and also some utensils and apparatus for distillation of arrack. The Circle Inspector himself investigated the case, and he also submitted final report in court after investigation. The final report was submitted by him under Sections 8(2) and 55(g) of the Act.