K. KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the convict in S.C.No.654/2007 on the file of the Additional Sessions Court, (Adhoc)-III, Kasaragod, who faced trial for an offence alleging under Section 58 of the Abkari Act, hereinafter referred to as the Act. The precise allegation against the appellant is that, on 22.12.2006, at 1.30 P.M., the Sub Inspector of Police, Bedakam Police Station, in Kasaragod District and party found him in illegal possession of 30 litres of arrack; that day at 1.30 P.M., when his house No. BP I/649-A of Padinharekkara, Chalakkad in Kolathur Village was searched, 30 litres of arrack made in Karanataka State was found stored in 300 sachets, each containing 100 ml., on the shelf in the south western corner of his house. Thus Crime No. 161/2006 of the Bedakam Police Station was registered and the accused/appellant was arrested along with the contraband.

(2.) After investigation, the Sub Inspector laid the charge sheet before the Judicial First Class Magistrate, Kasaragod, who after completing the necessary formalities under Section 207 of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C., committed the case to the Sessions Court, Kasaragod under Section 209 of the Cr.P.C.

(3.) The appellant was defended by a counsel of his choice. After hearing counsel on both sides, when a charge under Section 58 of the Act was framed, read over and explained, he pleaded not guilty. He was on bail.