BALLU Vs. STATE OF KERALA

JUDGEMENT

(1.) FIRST Accused in S.C. No. 899/2000 on the file of Additional Sessions Court (Adhoc -I) is the appellant herein. The appellant was charge sheeted by the Sub Inspector of Police, Badiadka Police Station along with others in Crime No. 157/99 of Badiadka Police Station alleging offence under Section 55(a) of Abkari Act.

(2.) THE case of the prosecution in nutshell was that on 17.10.1999 at about 12.30 p.m., the accused persons including the present appellant were found to be in possession of 110 bottles, each containing 375 ml of Indian made Foreign Liquor manufactured in the State of Karnataka and transporting the same in the autorickshaw with No. KL 14/222 along the public road at Soomaje in Enmakaje village and they were importing liquor from State of Karnataka to Kerala in contravention of the provisions of the Abkari Act and thereby, all of them have committed the offence punishable under Section 55(a) of Abkari Act. After investigation, final report was filed before the Judicial First Class Magistrate Court, Kasaragod and it was taken on file as C.P. No. 121/2000 and the learned magistrate committed the case to the Sessions Court, Kasaragod and the learned Sessions Judge has taken cognizance of the case as S.C. No. 899/2000 and thereafter, made over to Additional Sessions Court (Adhoc -I), Kasaragod for disposal.

(3.) HEARD the Counsel for the appellant and learned Public Prosecutor.