AJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 13/4/2007, passed by the Additional District and Sessions Court, Fast Track (Adhoc), Mavelikara in Sessions Case No.353 of 2002, the accused has preferred this appeal. The appellant/accused was convicted under Sec. 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of three years and pay a fine of Rs.1.00 Lakh.

(2.) The prosecution case is that on 27/4/1999 at 1.00 p.m., the accused was found in possession of 4 bottles each containing 750 ml of illicit arrack, at Ennakadu 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 Sec. 55(a) 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 charge was framed against him for the offence punishable under Sec. 55(a) of the Abkari Act. He pleaded not guilty to the charge and therefore, he came to be tried by the trial Court for the aforesaid offences.