CHELLAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.566/2002 on the file of the Additional Sessions Court (Adhoc-II), Alappuzha is the appellant herein. The appellant was charge sheeted by the Excise inspector of Kayamkulam Excise Range in Crime No.15/2001 of Kayamkulam Excise Range under Section 55(a) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 25.6.2001, at about 6.30 pm, the accused was found to be in possession of 2 litres of arrack in a 10 litres capacity of cannas and found transitting the same through Moodayil mukku, Purathedath Kadavu road in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Section 55 (a) of the Abkari Act (ought to be under Section 8(1) read with Section (2) of the Abkari Act).

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Kayamkulam, where it was taken on file as CP No.72/2002. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court, Alappuzha under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code) and after committal, the case was taken on file as SC No.566/2002 on the file of the Sessions Court, Alappuzha and thereafter the case was made over to Additional Sessions Court (Adhoc-II) Alappuzha for disposal.