SUNDARESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) accused in SC No.184/2002 on the file of the Additional Sessions Court (Adhoc-2) Kollam is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Karunagappally in Crime No.46/1998 of that Excise Range against the accused under Section 55(a) and 67(b) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 6.5.1998 at about 7 pm the accused was found to be in possession of 2.850 litres of illicit arrack in three 750 ml. bottles and also possessed a glass for the purpose of sale of liquor and stored it in his LML Vespa Scooter with No.KL 2 E 5753 in front the Tea Shop of one Surendran adjacent to the road leading to Kolathumuk to National Highway Kolam Muri, Ponmana Village in violation of the provisions of the Abkari Act and thereby he had committed the offences punishable under Section 55(a) and ( 8(1) and (2) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Karunagappally, where it was taken on file as CP. No.55/2001. The learned Magistrate committed the case to the Sessions Court, Kollam under Section 209 of Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the Sessions Court took cognizance of the case as SC No.184/2002 and it was originally made over to Additional Assistant Sessions Court Kollam and thereafter it was withdrawn and made over to Additional Sessions Court (Adhoc-2) Kollam for disposal by the Sessions Judge.