NATARAJAN Vs. STATE

JUDGEMENT

(1.) Both these revisions arise out of the same case and are hence disposed of together. Crl. R. C. 232/87 is by A-1 in CC. 10291/82 on the file of the X Metropolitan Magistrate, Madras challenging his conviction for an offence under S. 4(1)(a) of the Tamil Nadu Prohibition Act, 1937 and sentence of imprisonment for a period of one year and a fine of Rs. 2,000 / - imposed by the trial court and confirmed in appeal. Crl. R. C. 343/87 is by A. 3 in the same case and is directed against the order of confiscation of his lorry TMQ 1519 used for the commission of the above offence, the order being confirmed in appeal.

(2.) Both the petitioners along with A. 2 were tried for the above offence on the allegation that they entered into a conspiracy, between 24-11-1981 and 25-11-1981, to illicitly transport liquor, in violation of the above Act, in TMQ 1519 from Annanagar, Madras to Avadi and pursuant to the conspiracy on 25-11-1981 at 4 p.m. A-1 and A. 2 were found transporting 5312 bottles of brandy and rum in the junction of Shanthi Colony, 3rd Avenue, Annanagar.

(3.) The prosecution case is briefly as follows: P.W. 2, the Sub-Inspector of Police, Annangar while patrolling the area, saw a lorry bearing registration No. TMQ 1519 coming between the 3rd Avenue and 6th Avenue in Annanagar. On suspicion, he gave signal to the lorry to stop. Ignoring the signal the lorry sped fast. P.W. 2 chased the lorry in a police van. At the junction of Shanthi Colony, the vehicle was stopped and the Driver A.2 and the Cleaner A.1 ran away. P.W. 2 and his party chased them and caught hold of A.1. A.2 escaped. The lorry was searched in the presence of A.1, P.W. 1 a retired Major and others and it was found that the lorry contained 5312 bottles of Brandy and Rum of different varieties. The lorry M. O. 1, the tarpaulin M.O. 2, the rope M.O. 3 and the bottles of contraband M.O. 4 series were seized by P.W. 2 under mahazar Ex. P. 1, attested by P.W. 1 and others P.W.2 made a special report Ex. P. 2 to P.W. 3 the Inspector of Police, Annanagar, who registered it as Crime No. 4632/91 for an offence under S. 4(1)(a) of the Act. A. 1 was examined and thereafter A. 2 and A. 3 were made accused. M. O. 4 series were sent for chemical examination and P.W. 4, the Scientific Assistant attached to the Forensic Science Laboratory, Madras examined them and offered opinion in Ex. P. 5 to P. 16 that they were either rum or brandy. Further investigation was taken up by P.W. 7 who after completing it filed charge sheet against all the 3 accused for the above offfences.