JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence in SC 615/2000 on the files of the Additional District & Sessions Court (Adhoc)II, Kollam. The conviction is under Section 55 (i) of the Abkari Act and the sentence is to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 1 lakh with default sentence of simple imprisonment for one year.

(2.) The facts necessary for disposal of this case is as follows:

(3.) When the appeal came up for hearing, the learned counsel appearing for the appellant submitted before me that in this case, even though the alleged detection was on 31.5.1999 the contraband was produced before the court only on 11.6.1999. The inordinate delay was not satisfactorily explained. It is the further submission that the detection was by an A.S.I of Police who was examined as PW5 before the court below. As the detection was in 1999, it can be seen that as per SRO 321/1996 only police officers of and above the rank of Sub Inspector of Police in charge of Law and Order and working in the General executive branch of the Police Department alone are abkari officers.