KUMARAN S/O AYYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Circle Inspector of Excise, Thirur range, who was examined as PW6, in S.C.No.42/2002 on the file of the Additional Sessions Judge (Adhoc-I), Manjeri, prosecuted the appellant accusing offences under Sections 55 (a) and 8(1) of the Kerala Abkari Act with an allegation that, at 8.10 p.m on 25.4.2000, along Karikkanchira - Kunjipalli road, the appellant was found moving with 10 litres of illicit arrack in two jerry cans which were marked as MO1 series, while the Circle Inspector of Excise, who was examined as PW1, in the circle office, moving on law and order duty.

(2.) PW1 seized MO1 with liquor. 300 mls was taken as sample from each can for which Ext.P1 mahazer was prepared. He registered a case for which Ext.P2 crime and occurrence report was prepared. The appellant was arrested. The appellant and material objects along with Exts.P1 and P2 were produced before the range office where PW5 was the Circle Inspector. PW5, after acknowledging the custody of the appellant and the material objects, re registered a case alleging the above offences for which Ext.P6 crime and occurrence report was prepared. The appellant and the material objects were produced before the court on the next day along with Ext.P8 property list. PW5 then filed Ext.P7 forwarding note to send the sample for analysis. By the time, PW5 was succeeded by PW6. PW6 proceeded with the investigation. He prepared Ext.P10 scene mahazer and after getting Ext.P9 certificate from the Chemical Examiner, a charge sheet was submitted before the Judicial Magistrate of the First Class, Tirur. The learned Magistrate on finding that the offences alleged are exclusively triable by a court of session, by order dated 31.1.2002 committed the case to the Court of Session, Manjeri. From there it was made over to the Additional Sessions Judge.

(3.) I have heard Adv. Sri. Sivadasan, the learned counsel appearing for the appellant and Smt. A Lowsy, the learned Government Pleader. The judgment impugned and the evidence on record were perused.