In appeal against conviction under Section 8(2) of the Abkari Act, the High Court held that the Preventive Officer registered the crime illegally as he lacked authority under the relevant notification. The appeal was allowed, setting aside the conviction and sentence.
Conviction and sentence passed by the court below are set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 16TH DAY OF DECEMBER 2016/25TH AGRAHAYANA, 1938
CRL.A.No. 384 of 2009 ( )
SC 70/2005 of ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM
APPELLANT/ACCUSED:
RAJENDRA PILLAI, S/O. RAGHAVAN PILLAI, KIZHAKKEVILA VALIYIL VEEDU, MUNDAKKAL VILLAGE, KOLLAM TALUK FROM KOCHU VEEDU, PERUMKULAM CHERI, MYLAM PANCHAYATH, KOTTARAKKARA TALUK.
BY ADV. SRI.C.RAJENDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY
THE SUB INSPECTOR OF POLICE, KOLLAM EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SR. PUBLIC PROSECUTOR SRI.HRITHWIK C.S.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/17/12/16
B. KEMAL PASHA, J
================= Crl.Appeal No.384 of 2009
=================
Dated this the 16th day of December, 2016
J U D G M E N T
The appellant is the accused in Sessions Case No.70 of 2005 of the Additional Sessions Court (Adhoc-II), Kollam, who stands convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of `1,00,000/-, in default to undergo simple imprisonment for six months.
Crl.A.No.384 of 2009 2
Preventive Officer of Excise, Kollam. He placed the accused under arrest through Exhibit-P3 arrest memo and seized the contraband through Exhibit-P1 mahazar. A quantity of 250 ml of arrack was drawn as sample. On reaching the office, he registered ExhibitP4 crime and occurrence report. He produced the property before the court through Exhibit-P5 property list. Forwarding note was furnished, the copy of which is Exhibit-P6. On getting Exhibit-P7 certificate of chemical analysis, PW3, Excise Inspector, filed the Final Report.
Crl.A.No.384 of 2009
3
him as aforesaid.
Crl.A.No.384 of 2009
4
In the result, this Crl.Appeal is allowed and
conviction and sentence passed by the court below
are set aside.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/17/12/16
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether a Preventive Officer of Excise is authorised under notification SRO N0.234/1967 to perform acts under Sections 40 to 53 of the Abkari Act and register a crime.
Whether the conviction and sentence are liable to be set aside due to the illegality in the registration of the crime by an unauthorised officer.
3 provisions across 2 enactments
Rajendra Pillai
State of Kerala
B Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
