AGASTIN Vs. STATE

JUDGEMENT

(1.) The appellant/A2 was convicted by judgment, dtd. 30/8/2016 in SC.No.96 of 2016 by the learned XVII Additional Sessions Judge, Chennai (Trial Court) for offence under Sec. 4(1)(aaa) of Tamil Nadu Prohibition Act, 1937 and sentenced to undergo four months Rigorous Imprisonment and to pay a fine of Rs.8,000.00 in default to undergo Simple Imprisonment for one month and for offence under Sec. 4(1- A) of Tamil Nadu Prohibition Act, 1937 r/w Rules 6 & 7 of Rectified Spirit Rules, 2000, the appellant/A2 was convicted and sentenced to undergo three years Rigorous Imprisonment and to pay a fine of Rs.7,000.00, in default to undergo one month Simple Imprisonment. Both the sentences ordered to run concurrently. Challenging the judgment of conviction, the present criminal appeal is filed.

(2.) The case of the prosecution is that on 29/8/2012 at 06.00 p.m, PW6/Investigating Officer along with PW1 & PW2/Special Sub Inspectors and PW3/Grade-I Constable from the Prohibition Enforcement Wing, Adyar were conducting road check in L.B.Road opposite to Aavin Booth, at that time, A1/Nagaraj came in his two wheeler viz., Honda Activa bearing Reg.No.TN-09-AA-0778. A1 was intercepted and his two wheeler was checked, he was found in possession of 5 Nos. of 750 ml green magic brandy (MO6). On enquiry, A1 disclosed that he along with the appellant/A2 were in illegal possession and sale of liquor bottles and illicit arrack. A1 took the PEW team to Ennore, identified the appellant who was standing in a petty shop near a church. When the appellant was questioned, he led the team to No.4, 6/2, P.V.Kovil Street, 8th Lane, Royapuram where 20 Nos. of 500 ml Kingfisher Tin Beer, 20 Nos. of 500 ml Fostors Tin Beer, 23 Nos. of 500 ml Kingfisher Draught Beer, 20 Nos. of 275 ml of Backardi Breezer and 3 Nos. of 35 litre plastic cane containing rectified spirit (MO1 to MO5), found. On opening the plastic cane (MO5), pungent poisonous smell emanated, two samples of 500 ml each from one plastic can drawn. Thereafter, the accused were brought to the Prohibition Enforcement Wing, Adyar along with the liquor bottles, FIR (Ex.P12) in Crime No.319 of 2012 registered, both the accused arrested and their confession statements (Exs.P2 & P4) recorded.

(3.) Based on their confession statements (Exs.P2 and P4), the liquor bottles seized, the samples taken sent for chemical analysis. PW4, the Scientific Officer confirmed the samples contained Atropine a poisonous substance and gave report (Ex.P9). This report was shown to PW5, the Doctor attached to Kilpauk Medical College and Hospital, Chennai who gave opinion (Ex.P11) that consumption of rectified spirit mixed with Atropine would cause bodily injury and death. On collecting the evidence and materials, charge sheet filed before the learned IX Metropolitan Magistrate, Saidapet, Chennai (Committal Court) and assigned PRC.No.135 of 2015. On committal, the case transferred to the file of the XVII Additional Sessions Court, Chennai (Trial Court) and renumbered as SC.No.96 of 2016.