KARUNAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the convict in S.C. No. 328 of 2005 of the Additional Sessions Court II, Alappuzha, who stands convicted for offence under Section 8(2) of the Abkari Act and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1 lakh, in default to undergo simple imprisonment for two months.

(2.) The precise allegation against the appellant is that on 07.01.2004, at 6.30 P.M., CW1/PW2, preventive officer and party while engaged in patrol duty on the NH 47, in front of the Government High School, Ramapuram, the appellant was found moving through the road carrying a plastic bottle containing some liquid. When its content was tested in the presence of independent witness, it was found 11/2 litres of arrack. Thus the contraband was seized under a mahazar, the appellant was arrested and Crime No. 1 of 2004 of Excise Range Office, Kayamkulam was registered. The appellant was produced before court on the same day and was remanded.

(3.) After investigation, a charge sheet was laid before the Judicial First Class Magistrate, Kayamkulam, who took it on file as C.P.No. 124 of 2004. After completing the procedural formalities, since an offence triable exclusively by the Court of Session was involved, the case was committed to the Sessions Court, Alappuzha from where it was made over to the trial court.