LOHITHAKSHAN @ GOPI Vs. STATEOF KERALA

JUDGEMENT

(1.) Accused in SC 225/2003 on the file of the Additional Sessions Court (Fast Track-I) Kozhikode is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Thamarassery in Crime No.12/2000 of that Excise Range under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of Abkari Act).

(2.) The case of the prosecution in nutshell was that on 7.7.2000, at about 9 am, the accused was found to be in possession of 1= litres of arrack in 2= litres plastic can and found transitting the same along the road near the shop of one Sekharan in Kedavoor Amsom Chamal Desom in Kelam Moola junction in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Sections 55(a) of the Abkari Act (ought to be under Section 8(1) of the Act).

(3.) After investigation, final report was filed before the Judicial First Class Magistrate's Court-I Thamarassery and learned Magistrate, after complying with the formalities, committed the case to the Sessions Court, Kozhikode under Section 209 of Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the case was taken on file as SC 225/2003 on the file of the Sessions Court, Kozhikode and thereafter it was made over to Third Additional Assistant Sessions Court, Kozhikode for disposal.