VAZHAVALAPPIL NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 58 of the Kerala Abkari Act (hereinafter referred to as the Act ) in S.C.No. 269 of 2007 of the Court of Session, Kasaragod.

(2.) The prosecution case is that at about 4.15 p.m. on 22.4.2005, near his house at Ambalathumkara, he was found possessing 4 litres of illicit arrack in a plastic can of 5 litres capacity. The offence was detected by the Sub Inspector of Police, Ambalathara, during his usual patrol duty. He saw the accused holding a plastic can from a distance, but on seeing the police party, the accused ran off and escaped after abandoning the plastic can. The said can abandoned by the accused was seized by the Sub Inspector as per a mahasar, and on the basis of the seizure, he registered the FIR at the Ambalathara Police Station. Later, the FIR was transferred to the Hosdurg Police Station where it was re-registered. The second FIR shows that the place of detection in this case is within the limits of the Hosdurg Police Station. Initial investigation was conducted by the Sub Inspector of Police, Bakel, and later, the Sub Inspector of Police, Hosdurg, completed the investigation, and submitted final report.

(3.) On committal, the case came up before the Court of Session from where it was made over to the learned Additional Sessions Judge, Adhoc-III, Kasaragod, for trial and disposal.