VASANTHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.2018/2001 on the file of the Additional Sessions Court, Fast Track (Adhoc)-II, Thiruvananthapuram is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Varkala excise range in Crime No.24/1999 of that excise range under sections 8 (1) and (2) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 15.12.1999, at about 7 a.m, the accused was found to be in possession of 2.5 litres of arrack near Thonnipara Public Health Centre and found transiting the same along the public road in violation of the provisions of the Abkari Act and thereby she had committed the above said offence.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Varkala where it was taken on file as C.P.No.42/2001. After complying with the formalities, the learned Magistrate committed the case to Sessions Court, Thiruvananthapuram under section 209 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). After committal, the case was taken on file as S.C.No.2018/2001 on the file of the Sessions Court, Thiruvananthapuram and it was originally made over to the Assistant Sessions Court, Attingal and thereafter it was withdrawn and made over to Additional Sessions Court, Fast Track (Adhoc)-II, Thiruvananthapuram for disposal by the Sessions Judge.