VIMALA Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C No. 103/2001 on the file of the Additional Sessions Court, Trial of Abkari Act cases, Neyyatinkara is the appellant herein. The appellant was charge sheeted by the Sub Inspector of Police Vizhinjam Police Station in Crime No.213/98 of Vizhinjam Police Station u/s 55(a) of the Abkari Act (ought to be u/s 8(1) of the Abkari Act).

(2.) The case of the prosecution in nut shell was that on 10.11.1998 at about 5 p.m, while PW1 was in the station, he received information that the accused was selling arrack from her house and immediately he along with PW2 and women Police Constable and reached the place and found the accused with MO1 cannas and a glass in her hand in front of the house. On examination it was found that it contained 7 ltrs of arrack and she had committed the offence punishable u/s 55(a) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court No.II, Neyyattinkara, where it was taken on file as C.P No.67/2000. The learned Magistrate committed the case to the Sessions Court, Thiruvananthapuram u/s 209 of the Code of Criminal Procedure (hereinafter called 'the Code') where it was taken on file as S.C No,. 103/2001 and thereafter it was originally made over to Assistant Sessions Court, Neyyattinkara for disposal and thereafter withdrawn and made over to Additional Sessions Court for trial of Abkari cases, Neyyattinkara for disposal.