MANOHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 20-09-2006 passed by the learned Assistant Sessions Judge, Neyyattinkara in Sessions Case, S.C No.660/2004. The appellant (hereinafter referred to as 'the accused') was convicted of the offence under Section 8(1) read with 55(a) of the Abkari Act by the learned Assistant Sessions Judge.

(2.) The genesis of the case dates back to 10-08-1997. The accused was found in possession of 5 litres of illicit arrack in a jerry can at Nettathanni junction in Kottukal desom. He was arrested by the Excise Inspector, Neyyattinkara and the contraband substance was seized from his possession.

(3.) After completion of investigation on 03-04-2000 final report was submitted against the accused for the offence punishable under Section 8(1) read with 55(a) of the Abkari Act before the Judicial First Class Magistrate Court-II, Neyyanttikara. The case was committed to the Sessions Court, Thiruvananthapuram from where it was made over to the Assistant Sessions Court, Neyyattinkara. On appearance of the accused charge was framed against him for the offence punishable under Section 8(1) read with 55(a) of the Abkari Act. The accused pleaded not guilty to the charge levelled against him and therefore, he came to be tried by the Assistant Sessions Court for the aforesaid offence.