SAMEERAN K.K. Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) The revision petitioner is the 1st accused in SC No. 318/10 on the files of the Additional District & Sessions (Ad hoc) Fast Track Court-I, Pathanamthitta. He has been charged sheeted alleging the offence punishable under Section 55(a) of the Kerala Abkari Act (for short 'the Act').

(2.) The prosecution case is that on 23/04/2007 at 12.15 p.m. the Excise party found 420 litres of spirit in the house of the revision petitioner and thereby committed the offence punishable under Section 55(a) of the Act. The charge was read over for the offence under Section 55(a) of the Act and the prosecution witnesses were examined as PWs 1 to 6. Two witnesses were also examined on the side of defence. The revision petitioner was questioned under Section 313 of the Code of Criminal Procedure. After finishing the defence evidence, arguments for the prosecution and defence were completed and on 28/06/2013, the case was posted for judgment.

(3.) But unexpectedly, on that day, the impugned order was passed, whereby the charge was re-framed for the offence under Section 58 of the Act in lieu of the offence under Section 55(a) of the Act. The fresh charge under Section 58 of the Act was also read over and the accused pleaded not guilty. Then the learned Sessions Judge passed an order recalling the witnesses also. The said order is under challenge in this revision petition.