AITHAPPA, S/O MADHAVA Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C.No.478/2000 on the file of the Additional Sessions Judge (Adhoc-1), Kasaragod, is the appellant herein. The appellant was charge-sheeted by the Sub Inspector of Police, Badiadka police station, in Crime No.73/1999 of Badiadka police station, alleging offences under Section 55(a) of Abkari Act (it should have been under Section 8(1) read with Section 8(2) of Abkari Act.

(2.) The case of the prosecution in nut shell was that, on 08.06.1999, at about 12.00 noon, the accused was to be found in possession of 63 packets of Karnataka made arrack, which is a prohibited item, in violation of the provisions of Abkari Act and thereby he had committed the above said offence.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Kasaragod, where it was taken on file as C.P.No.259/1999 and the learned magistrate had committed the case to the Court of Sessions, Kasaragod, and after committal, the case was taken on file as S.C.No.478/2000 by the Sessions Judge, Kasaragod, and thereafter it was made over to Additional Sessions Court (Adhoc-I), Kasaragod, for disposal.