RADHAKRISHNAN NAIR AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 1 and 2 in SC No.96/2001 on the file of the Additional Sessions Court (Adhoc-II), Ernakulam are the appellants herein. The appellants were charge sheeted by the Deputy Superintendent of Police Crime Detachment, Aluva in Crime No.348/1997 of Muvattupuzha Police Station under Section 55(a) and (i) of the Abkari Act.

(2.) The case of the prosecution in nut shell was that on 9.7.1997, at about 7.15 pm, the appellants along with another person were found to be in possession of 3216 bottles of Super Star brandy in 112 boxes worth Rs.2,68,800/- unlawfully stored in Molath House with No.XV/40 of the Muvattupuzha Municipality owned by PW3 and possessed by the 1st accused for the purpose of distribution to other accused persons, in violation of the provisions of the Abkari Act and thereby they have committed the offence punishable under Section 55(a) and (I) of the Abkari Act and Section 34 of Indian Penal Code (hereinafter referred to as the Code).

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-I, Muvattupuzha, where it was taken on file as CP No.9/1999. After complying with the formalities, the learned Magistrate committed the case to Sessions Court, Ernakulam under Section 209 of the Code. After committal, the case was taken on file as SC No.96/2001 on the file of the Sessions Court Ernakulam and thereafter, it was originally made over to Assistant Sessions Court Muvattupuzha, for trial. When the accused appeared before that court, after hearing both sides, charge under Section 55(a) and (i) of the Abkari Act was framed and the same was read over and explained to them and they pleaded not guilty (only accused Nos.1 and 2 appeared and the 3rd accused was absconding). Thereafter, the case was withdrawn by the Sessions court and made over to Additional Sessions Court, Adhoc-II for disposal.