CHERUVAYI MUKUNDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in CC No. 1109 of 1997 on the file of the Judicial First Class Magistrate Court, Kuthuparamba and the appellant in Crl.Appeal No. 355 of 2000 on the file of the Additional Sessions Court (Adhoc-III), Thalassery. The offence alleged against the accused was punishable under Section 55(a) of the Abkari Act, 1 of 1077 (hereinafter referred to as, "the Act").

(2.) The prosecution case, in brief, is that on 23.05.1997 at about 5 pm, while the excise party was on patrol duty, they found the accused carrying 8 litres of illicit arrack in contravention of the Act and Rules framed thereunder. Accordingly, the accused was arrested and the contraband was seized as per Ext.P1 mahazar. After the detection of the crime and verification of the particulars of the offence, a complaint under Section 55(a) of the Act was lodged before the jurisdictional magistrate.

(3.) The trial court took cognizance of the offence under Section 55(a) of the Act and issued summons to the accused. On the appearance of the accused, after complying with all the statutory formalities, charge under Section 55(a) of the Act was framed and the charge was read over, to which the accused pleaded not guilty.