MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C.No.48/2003 on the file of the Additional Sessions Court, Fast Track-I, Alappuzha is the appellant herein. The appellant was charge-sheeted by the Excise Inspector, Mavelikkara Excise Range in Crime No.94/2000 of Mavelikara Excise Range under Section 8(1) of the Abkari Act.

(2.) The case of prosecution in nutshell was that on 30.09.2000, at about 7 pm, the accused was found to be in possession of 2 litres of arrack and found transiting the same along the western side of Kolattethu Kizhakkathil Veedu for the purpose of sale in violation of the provisions of Abkari Act and thereby he had committed the offence under Section 8(1) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Mavelikkara where it was taken on file as C.P.No.51/2002. After complying with the formalities, the learned Magistrate committed the case to Sessions Court, Alappuzha under Section 209 of the Criminal Procedure Code. After committal, Sessions Judge took cognizance of the case as S.C.No.48/2003 and made over to Principal Assistant Sessions Court, Alappuzha for disposal. Thereafter, the case was withdrawn and made over to Additional Sessions Court Fast Track - I for disposal.