BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC 48/2003 on the file of the Additional Sessions Judge, (Adhoc-II), Kozhikode is the appellant herein. The appellant was charge sheeted by the Sub Inspector of Police, Thiruvambadi Police Station in Crime No.41/2001 of that police station under Section 55 (a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act).

(2.) The case of the prosecution in nutshell was that on 6.5.2001 at about 3.20 pm, the accused was found to be in possession of 700 ml of illicit arrack in 1 = litres of plastic bottle kept in the kitchen of his house with No.8/691 of Koodaranji Panchayath for the purpose of sale 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.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate's Court-II, Thamarassery where it was taken on file as CP 46/2002. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court, Kozhikode under Section 209 of the Code of Criminal Procedure (hereinafter called as the Code). After committal, the case was taken on file by the Sessions Court as SC 48/2003 and thereafter it was originally made over to First Additional Assistant Sessions Court, Kozhikode for disposal. Thereafter it was withdrawn by the Sessions Judge and made over to Additional Sessions Court (Adhoc-II), Kozhikode for disposal.