(1.) Accused in SC 519/1999 on the file of the Additional Session's Court (Adhoc-I) Kollam is the appellant herein. The appellant was charge sheeted by the Sub Inspector of of Police, Sasthamkotta in Crime No.228/1998 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 10.7.1998, at about 7.15 pm, the accused was found to be in possession of 2 litres of arrack and found selling the same at Mulaikalkadavu in Aithottuva Muri of West Kallada Village 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 Magistrate's Court, Sasthamcotta, where it was taken on file as CP 31/1999. After complying with the formalities, the learned Magistrate committed the case to Session's Court, Kollam under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the learned Sessions Judge took cognizance of the case as SC 519/1999 and the same was originally made over to Principal Assistant Sessions Court, Kollam for disposal. Thereafter the case was withdrawn by the Sessions Judge and made over to Additional Sessions Court (Adhoc-I) for disposal.