HARIJAN PALA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.321/2001 on the file of the Additional Sessions Court, Adhoc-I, Kasaragod is the appellant herein. The appellant was charge sheeted by the Sub Inspector of Police, Vellarikundu Police Station in crime No.68/2000 of that police station under section 55(g) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 29.4.2000 at about 18.15 p.m the accused was found to be in possession of 50 litres of wash in two aluminium vessels in the court yard of his unnumbered house situated in Pallikochi of Paramba village in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under section 55(g) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Hosdurg, where it was taken on file as C.P.No.130/2000. After complying the formalities, learned Magistrate committed the case to Sessions Court, Kasaragod where it was taken on file as S.C.No.321/2001 after committal. The case was made over to the Assistant Sessions Court, Hosdurg for disposal by the Sessions Judge. Later it was withdrawn and made over to Additional Sessions Court, Adhoc-I, Kasaragod for disposal.