GOPA & GOPAKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.238/04 on the file of the Additional Sessions Judge, Fast Track Court-I, Palakkad is the appellant herein. The appellant was charge sheeted by the Sub Inspector of Police, Malambuzha in Crime No.166/2003 of Kongad Police Station under Section 55(a) of Abkari Act.

(2.) The case of the prosecution in nut shell was that on 14.7.2003, at about 6.15 pm, the accused was found to be in possession of 2 litres of arrack for sale in front of the house No.111/241 in Thripalamunda in Kadambazhippuram Village in violation of the provisions of the Abkari Act and thereby he had committed the above said offence. The Offence under Sections 55(a) of Abkari Act (probably is a mistake for Section 8(1) read with Section 8(2) of Abkari Act.)

(3.) After investigation, final report was filed. The case was taken on file as C.P. No.17/04 on the file of the Judicial First Class Magistrate's Court-II, Palakkad and the same was committed to the Sessions court by the learned Magistrate under Section 209 of Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the case was taken on file as SC No.238/04 and it was originally made over to Assistant Sessions court, Palakkad for disposal and thereafter it was again withdrawn and made over to Additional Sessions Court (Adhoc-1), Palakkad by the Sessions Judge for disposal.