P.D. Rajan, J.

This appeal is directed against the conviction in S.C. No. 407/2003 of the Additional District and Sessions Judge (Adhoc) Court-I, Pathanamthitta under section 8(1) and (2) of the Abkari Act. The charge against the accused is that on 11.7.2001 at 6.10 p.m., the accused was found in possession of two litres of arrack by the side of the road near Elanthottam junction in Kottangal-Padimon public road. The appellant was arrested and seized the arrack, thereafter registered a case. The investigation was conducted by the Sub Inspector of Police, Keezhvaipure, subsequently Sub Inspector of Police, Perumpetty laid charge before Judicial First Class Magistrate Court, Thiruvalla, from there it was committed to Sessions Court, Pathanamthitta.

2. During trial, prosecution examined six witnesses and marked Exts.P1 to P9 as documentary evidence. MO1 and MO2 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He did not adduce any defence evidence. The learned Additional Sessions Judge convicted him and sentenced to rigorous imprisonment for two years and fine of 1 lakh, in default simple imprisonment for two years. Being aggrieved by that, he preferred this appeal.

3. Heard both sides. The learned counsel appearing for the appellant contended that the investigation was conducted by the Sub Inspector of Police, Keezhvaipure, who had no territorial jurisdiction to enter within the jurisdiction of perumpetty Police Station to conduct an investigation. The materials collected by the non-empowered officer cannot be taken in the trial of an abkari offence. The investigation in this case can be conducted by an Abkari Officer notified under section 4 of the Abkari Act. The Circle Inspector has no power to delegate any power by violating the notification issued by the Government.

4. The learned Public Prosecutor contended that the empowered officer can conduct investigation by invoking general powers conferred under Cr. P.C. The Sub Inspector of Police in charge of law and order of another police station is also a competent police officer to conduct the investigation.

5. The main duty of the officers of the Excise Department is the prevention and detection of crimes. If offences are not detected and prevented, it will create various legal issues in the society. Therefore, various ranks of excise officers empowered by the Government are familiarised with powers to prevent such offences. According to Section 3(2) of the Abkari Act, an "Abkari Officer" means the Commissioner of Excise or any officer or other person lawfully appointed or invested with powers under Section 4 or 5. According to Section 3(6), "Abkari Inspector" means an officer appointed under Section 4 (d) of the Abkari Act. According to Section 4(d) of the Abkari Act, the Government may appoint officers to perform the acts and duties mentioned under Sections 40 to 53. As per SRO 321/96 dated 29.3.1996, in exercise of powers conferred by section 4 of the Abkari Act I of 1077, the Government of Kerala have appointed all police officers of and above the rank of Sub Inspector of Police in charge of Law and Order and working in the General executive branch of the Police Department and all Revenue Officers of and above the rank of Deputy Collectors to be Abkari Officers under their respective Jurisdiction for the purpose of Sections 31, 32, 33, 34, 35, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 59 of the Act and to exercise all the powers and to discharge all the duties conferred and imposed on Abkari Officers, in the sections aforesaid. As per Section 50, report of Abkari Officer gives jurisdiction to a competent Magistrate. Every investigation into the offence under this Act shall be completed without unnecessary delay. As soon as the investigation into the offence under this Act is completed, the Abkari Officer shall forward a report to the Magistrate empowered to