BHASURANGI Vs. STATE

JUDGEMENT

(1.) Accused in S.C.No.582/2001 on the file of the Additional District and Sessions Court(Adhoc-II), Pathanamthitta, is the appellant herein. The appellant was charge-sheeted by the Excise Inspector of Pathanamthitta in O.R.No.33/1998 under Section 8(1) read with Section 8(2) of Abkari Act.

(2.) The case of the prosecution in nut shell was that, on 23.08.1998 at about 3.00 p.m., the accused was found to be in possession of 11/2 liters of arrack kept in five liter can and found transitting the same along with the road near 'Krishi Bhavan', Mezhuveli Village, in violation of the Provisions of Abkari Act and thereby she had committed the offence punishable under Section 8(1) read with Section 8 (2) of the Kerala Abkari Act.

(3.) After investigation final report was filed before the Judicial First Class Magistrate Court-I, Pathanamthitta, and the learned Magistrate has taken cognisance of the case as C.P.No.19/2001 and thereafter it was committed to the court of Sessions, Pathanamthitta, and the learned Sessions Judge has taken cognisance of the case as S.C.No.582/2001 and thereafter made over the same to Additional Sessions Court(Adhoc-II), Pathanamthitta, for disposal.