RANGAN @ SREERANGAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from the common judgment dtd. 14/12/2011 passed by the Additional Sessions Court (Abkari Cases), Kottarakkara in S.C Nos.194/2003 and 195/2003. Accused No.1 in S.C.No.194/2003, accused No.1 in 195/2003 and accused Nos.2 and 9, who are common in both the Sessions cases, are the appellants. Accused No.1 in S.C.No.195/2003 is the appellant in Crl.A.No.57/2012. The appellant in Crl.A.No.58/2012 is accused No.1 in S.C.No.194/2003. The common accused No.9 is the appellant in Crl.A Nos.2209/2011 and 2212/2011. The common accused No.2 is the appellant in Crl.A Nos.49/2012 and 854/2022. The sessions cases were charge sheeted by the Deputy Superintendent of Police, Special Investigation Team for Spirit Smuggling Cases, Thiruvananthapuram.

(2.) On 24/9/2000 at 8.30 p.m, the Additional Sub Inspector of Police, Kottarakkara seized two cans of 10 litre capacity with arrack and another can containing 2 litres of arrack along with a glass tumbler and a sum of Rs.350.00 from the possession of the accused No.1 who was serving as salesman in Toddy Shop No.11 of Kottarakkara Range.

(3.) The Deputy Superintendent of Police, Special Investigation Team for Spirit Smuggling Cases, Thiruvananthapuram was entrusted with the investigation of the cases. He completed the investigation and submitted two separate final reports before the Judicial Magistrate of First Class-I, Kottarakkara against the appellants and the other accused. The cases were committed to the Sessions Court, Kollam from where it was made over to the Trial Court. The Trial Court consolidated both the sessions cases and proceeded with a single trial.