ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC 539/2000 on the file of Additional Sessions Court for Abkari cases Kottarakkara is the appellant herein. The appellant was charge sheeted by the Sub Inspector of Police, Kulathupuzha Police Station in Crime No.144/1999 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 23.8.1999, at about 2 pm, the accused was found to be in possession of 1 = litres of arrack in two litres of black jerry can near the bamboo clusters on the northern side of the Teak plantation at Moonnumukku Chozhiyakkoodu in violation of the provisions of Abkari Act and thereby he had committed the offence punishable under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act).

(3.) After investigation, final report was filed before the Judicial First Class Magistrates Court-I, Punaloor, where it was taken on file as CP 76/1999. After complying with the formalities, the learned Magistrate committed the case to Sessions Court, Kollam under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the Session's Court took cognizance of the case as SC 539/2000 and thereafter it was originally made over to Assistant Sessions Court, Kottarakkara for disposal. After establishment of Additional Sessions Court for Abkari case Kottarakkara, the learned Sessions Judge withdrew the case and made over the same to that court for disposal.