DEVASSYA @ JOYI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.359/2003 on the file of the Additional Sessions Court, Adhoc-II, Manjeri, is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Manjeri excise range in Crime No.16/2002 of that excise range under section 55(a) and 8(1) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 25.8.2002, at about 6 p.m, the accused was found manufacturing illicit arrack in a thatched shed in his possession and he was found to be in possession of 4 litres of illicit arrack in a black can having the capacity of 5 litres and also found to be in possession of wash, a material used for manufacturing arrack in Oomgattiri amsom and Odakkayam desom and thereby he had committed the offence punishable under sections 55(b) and 8(1) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-I, Manjeri, where it was taken on file as C.P.No.55/2003. After complying with the formalities, the learned Magistrate committed the case to Sessions Court, Manjeri, where it was taken on file as SC.No.359/2003 and thereafter it was originally made over to the Assistant Sessions Court, Manjeri for disposal. Subsequently the case was withdrawn by the Sessions Judge and made over to the Additional Sessions Court, Adhoc-II, Manjeri for disposal.