KAMALAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.731/2003 on the file of the Additional Sessions Court (Adhoc-I), Thiruvanananthapuram is the appellant herein. The appellant was charge sheeted by the Excise inspector, Thiruvanananthapuram Excise Range in Crime No.25/2001 of that Excise Range under Section 8(1) and 8(2) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 21.6.2000 at about 11.25 am, the accused was found to be in possession of 5 litres of arrack and found transitting the same along the lane leading to Aduppukoottan Para from Peroorkada, Nedumangadu Road in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Section 8(1) and 8(2) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate's Court-II, Thiruvananthapuram, where it was taken on file as CP 14/2002. After complying with the formalities, the learned Magistrate committed the case to Sessions Court under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the Sessions Judge took cognizance of the case SC 731/2003 and originally it was made over to Additional Assistant Sessions Court, Thiruvananthapuram for disposal. Thereafter the case was withdrawn by the Sessions Judge and made over to Additional Sessions Court (Adhoc-IV), Thiruvananthapuram for disposal.