PADINHATTAYIL RETHI Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C. No. 227/2000 on the file of the Additional Sessions Judge (Adhoc-1), Thalassery, is the appellant herein. The appellant was charge-sheeted by the Circle Inspector of Police, Payyannur, in Crime No. 41/1998 of Peringome police station under Section 8(1) read with Section 8(2) (wrongly shown as 55(a) of Abkari Act.

(2.) The case of the prosecution in nut shell was that, on 16.02.1998, at about 4.45 p.m., the accused was found to be in possession of about 2 liters of arrack kept in the kitchen in her house situated at Vayakkara Amsom, for the purpose of sale, in violation of the provisions of Abkari Act and thereby she had committed the offence punishable under Section 55(a) of Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Payyannur, where it was taken on file as C.P. No. 31/2000 and the learned magistrate committed the case to the court of Sessions, Thalassery, and the learned Sessions Judge has taken cognizance of the case as S.C. No. 227/2000 and thereafter made over to Additional Sessions Judge (Adhoc-1), Thalassery, for disposal.