RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is preferred against the conviction and sentence passed by the Addl. Sessions Judge, Fast Track, Ad hoc II, Kozhikode in SC 400/00. The accused was charge sheeted for the offence under S.55(a) of the Abkari Act and was found guilty thereunder and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000/- and in default to undergo simple imprisonment for a period of six months. It is against that decision the appeal is preferred.

(2.) THE points that arise for determination in the appeal are;

(3.) S .50 of the Abkari Act specifically states that the Magistrate can take cognizance of the offence on a report filed by an Abkari Officer as defined under the Act. By virtue of the Governmental Notification in SRO 321/96 who are the Abkari Officers for the purpose of the Act has been stated by the Government. So far as it relates to the Police Department it is stated that officers of and above the rank of a Sub Inspector are Abkari Officers. So only from a Sub Inspector of Police and upwards the power is given as an Abkari Officer. Unfortunately in the case before me the investigation and laying of charge has been done by an Asst. Sub Inspector of Police who is not an Abkari Officer as defined under the Act. This matter has been considered by this Court in the various decisions.