JOY PHILIP Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the first and the third accused in the case S.C.No.172/2008 on the file of the Court of the Assistant Sessions Judge, Hosdurg.

(2.) The prosecution case is as follows: On 15.10.2007, at about 14.30 hours, the Sub Inspector (PW1) of Rajapuram police station got information that Indian Made Foreign Liquor (for short 'IMFL') made in Karnataka was being transported in the autorickshaw KL-14D/4586. The Sub Inspector and the police party with him proceeded for verifying it. When they reached the place Chiramkadavu, at about 15.15 hours, they found the autorickshaw KL-14D/4586 coming from the opposite side. PW1 got down from the police jeep and gave signal to stop the autorickshaw. The autorickshaw was stopped at the side of the road. The driver of the autorickshaw tried to run away and escape from the place. However, the police party chased him and apprehended him. Two persons were found sitting in the rear seat of the autorickshaw. Two bags were found between their legs in the platform of the autorickshaw. The bag placed below the person who was sitting on the left side of the autorickshaw contained 10 bottles, each having capacity of 750 ml., of Karnataka made IMFL. The bag found below the person who was sitting on the right side of the autorickshaw contained 24 bottles, each having capacity of 375 ml., of Karnataka made IMFL. The persons who were travelling in the autorickshaw had no permit to import or transport the liquor. The second accused was the driver of the autorickshaw. The first and the third accused were the persons who were travelling in the autorickshaw. PW1 arrested them and took samples of liquor and seized the liquor bottles and the samples.

(3.) On returning to the police station, PW1 registered case against the accused as Crime No.169/2007 of Rajapuram police station. He also conducted the investigation of the case and filed final report against the accused for the offence punishable under Section 55(a) of the Abkari Act.