RAGHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in SC No.454/2001 on the file of the Additional Sessions Court (Adhoc-II) Pathanamthitta is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Adoor Excise Range in CR No.3/1999 of Adoor Excise Range under Section 8(1) and (2) and Section 55(a) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 25.1.1999, at about 11.30 am, the accused was found to be in possession of about 5 litres of arrack and found transitting the same along the road in front of the rice mill of one Yohannan near Valluveli junction in Kodumon Maruthikodu Kara in violation of the provisions of the Abkari Act and thereby he had committed offence punishable under Section.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Adoor, where it was taken on file as CP No.261/2000. After complying with the formalities, the learned Magistrate committed the case to Sessions Court Pathanamthitta under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the case was taken on file by the Sessions Court as SC No.454/2001 and thereafter it was made over to Additional Sessions Court (Ahoc-II) Pathanathitta for disposal.