RAJENDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in SC No.170/2001 on the file of the Additional Sessions Court (Fast Track-I) Alappuzha is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Kuttanad Excise Range in C.R.No.361/1998 under Sections 8 and 55(a) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 16.11.1998 at about 5.30 pm, the accused was found to be in possession of 10 litres of arrack and found transmitting the same, carrying in a big shopper bag in violation of the provisions of the Abkari Act and thereby he had committed offence punishable under Section 8(1) read with Section 8(2) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-I Alappuzha where it was taken on file as CP No.33/2000 and thereafter it was committed to the Sessions Court, Alappuzha by the learned Magistrate under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the Sessions Court took cognizance of the case as SC No.170/2001 and thereafter it was originally made over to Principal Sessions Court, Alappuzha for disposal. Thereafter it was withdrawn by the Sessions Judge and made over to Additional Sessions Court-(Adhoc- 1), Alappuzha for disposal.