GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC.No.379/2008 on the file of the Assistant Sessions Court, Alappuzha is the revision petitioner herein. The revision petitioner was charge sheeted by the Excise Inspector Karthikappally excise range alleging the offences under sections 55 (a), (b) and (g) and sections 8(1) and (2) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 11.8.2004 at about 10 p.m the revision petitioner was found engaged in manufacture of arrack at Santhi Bhavan in Chingoli panchayat in violation of the provisions of the Abkari Act and for that purpose he was found to be in possession of 4 litres of arrack and 35 litres of wash and implements used for manufacture of arrack and thereby he had committed the offences punishable under sections 8(1) read with 8 (2) and 55 (a), (b) and (g) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Haripad and the learned Magistrate has taken cognizance of the case as C.P.No.1/2008 and committed to the Sessions Court, Alappuzha and after committal, the Sessions Judge took cognizance of the case as S.C.No.379/2008 and it was made over to Assistant Sessions Court, Alappuzha for disposal.