Sivadasan Pillai vs The State Of Kerala
2021 Latest Caselaw 4181 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                      CRL.A.No.289 OF 2006

  AGAINST THE JUDGMENT IN S.C. No.798/2000 DATED 25-01-2006 OF
           ADDL. SESSIONS JUDGE (ABKARI) KOTTARAKKARA

    AGAINST C.P. No.43/2000 OF JUDICIAL MAGISTRATE OF FIRST
                       CLASS-I, PUNALUR


APPELLANT/ACCUSED:

             SIVADASAN PILLAI,
             S/O.GOPALAKRISHNA PILLAI,
             THAZHOPONGALIL VEEDU,,
             ACHANKOVIL MURI, ARYANKAVU VILLAGE,
             KOLLAM.

             BY ADVS.
             SRI.JOHNSON GOMEZ
             SRI.R.SELVAKUMAR
             SRI.SANJAY JOHNSON

RESPONDENT/COMPLAINANT:

             THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA
             THROUGH THE SUB INSPECTOR OF POLICE,
             THENMALA.



             BY ADV. DHANIL M.R., PUBLIC PROSECUTOR

     THIS  CRIMINAL   APPEAL   HAVING  BEEN   FINALLY  HEARD   ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.289/06                -:2:-




                                JUDGMENT

Dated this the 4th day of February, 2021

It is no longer a matter of dispute that an Assistant Sub

Inspector of Police, prior to 2009, cannot detect, arrest, register or

investigate an offence under the Abkari Act. Attention of this Court is

invited by Adv.Sanjay Johnson to the decision in Jil v. State of

Kerala (2017 (3) KLT 156). This appeal brings to light, yet another

instance of an unauthorised officer, seizing, arresting and registering

a crime under the Abkari Act.

2. Appellant was found in possession of 15 litres of arrack on

27.12.1999 at 5.30 p.m. kept in a 20 litre white can. PW4, who was

an Assistant Sub Inspector of Police, detected the offence and

arrested the accused. He registered the crime before the Thenmala

Police Station. PW3, who was the Sub Inspector of Police,

Ezhukone, conducted the investigation. The learned Sessions

Judge, after trial in S.C. No.798 of 2000 on the files of the Additional

Sessions Court, Kottarakkara, found the accused guilty and

convicted and sentenced him to undergo three years imprisonment

under Sections 55(1)and (i) of the Abkari Act apart from a fine of

Rs.1,00,000/-.

3. I have heard Adv.Sanjay Johnson, learned counsel for the

appellant and Adv.Dhanil M.R., learned Public Prosecutor.

4. As mentioned in the initial paragraph of this judgment, an

Assistant Sub Inspector of Police cannot, prior to 2009, detect,

arrest, seize or even register a crime under the Abkari Act. Since

admittedly in this case the offence was detected by PW4, who was

only an Assistant Sub Inspector of Police, he could not have

detected, arrested, seized or registered a crime under the Abkari Act.

In the aforesaid circumstances, the very edifice of the crime is mired

in illegality and without authority.

5. In the aforesaid circumstances, nothing further needs to be

considered in this case. The conviction and sentence imposed by

judgment dated 25.1.2006 in S.C. No.798 of 2000 on the files of the

Additional Sessions Court, (Abkari), Kottarakkara, is hereby set aside

and the appellant is acquitted. The bail bonds, if any, furnished shall

stand cancelled and fine amount, if any, remitted shall be refunded

forthwith.

The appeal is allowed as above.

Sd/-

                                      BECHU KURIAN THOMAS
                                            JUDGE
vps

                        /True Copy/                PS to Judge