SOMARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 6/3/2008, passed by the Additional Sessions Court (Abkari Cases), Kottarakkara in Sessions Case No.346 of 2002, the two accused have preferred this appeal. The appellants/accused Nos. 1 and 2 were convicted under Ss. 55(a) and 55(i) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of five years and pay a fine of Rs.1.00 Lakh.

(2.) The prosecution case is that on 26/6/1999 at 1.00 a.m., The accused were found in possession of 35 litres of arrack at Ambalathumkala in violation of the provisions of the Abkari Act.

(3.) After completing the investigation, final report was submitted against the accused for the offence punishable under Ss. 55(a) and 55(i) of the Abkari Act before the jurisdictional Magistrate. The case was committed to the Sessions Court from where it was made over to the trial Court. On the appearance of the accused charges were framed against them for the offence punishable under Ss. 55(a) and 55(i) of the Abkari Act. They pleaded not guilty to the charge and therefore, they came to be tried by the trial Court for the aforesaid offences.