PURUSHOTHAMAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in SC No.1484/2002 on the file of the 3rd Additional Sessions Court, Kollam is the appellant herein. The appellant was charge sheeted by the Sub Inspector of Police, Paravoor Police Station under Section 55(a) and (i) of the Abkari Act in Crime No.273/2000 of that Police Station.

(2.) The case of the prosecution in nutshell was that on 31.8.2000 at about 4.30 pm, the accused was found to be in possession of 2.300 litres of arrack in 23 plastic packets of 100ml each, and found engaged in sale of the same from the property of one Chellappan Pillai situated on the east of Parayil Madan Nada, Edayadi Cherri at Poothakulam Village in violation of the provisions of the Abkari Act and thereby he had committed offence punishable under Section 55(a) and (i) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Paravoor, where it was taken on file as CP No.55/2001. After complying with the formalities, the learned Magistrate committed the case to Sessions Court Kollam under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the case was taken on file as SC No.4884/2002 by the Sessions Judge and the same was made over to 3rd Additional Sessions Court, Kollam for disposal.