VARGHESE @ BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused faced prosecution for the offence punishable under Section 55(a) of Abkari Act. He was found guilty and was therefore convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for three months.

(2.) The facts absolutely necessary for the disposal of this appeal are as follows:

(3.) The court before which final report was laid took cognizance of the offence and finding that the offence is exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Thodupuzha. The said court made over the case to Additional Sessions Court (Adhoc)-II, Thodupuzha for trial and disposal. The latter court, on receipt of records and on appearance of accused, framed charge for the offence under Section 55(a) of Abkari Act. The accused pleaded not guilty to the charge and claimed to be tried.