LAWS(KER)-2015-9-267

RAJENDRAN Vs. STATE OF KERALA

Decided On September 29, 2015
RAJENDRAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The accused in SC No.661/2001 on the file of the Additional Sessions Court for Abkari Cases, Kottarakkara is the appellant herein. The appellant was charge sheeted by the Excise Inspector Chadayamangalam Excise Range in Crime No.33/1998 of that Excise Range under Section 8(1) and 8(2) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 7.10.1998 at about 8.50 am, the accused was found to be in possession of 3 litres of arrack in a 5 litre jerry can and found transitting the same through Odanavattom- Nedumonkavu Road in front of the house of one Panayil Kuttan Pillai, at Kudavatoor in violation of the provision of the Abkari Act and thereby he had committed the offence punishable under Section 8(1) and 8(2) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-II Kottarakkara, where it was taken on file a CP No.227/2000. The learned Magistrate committed the case to the 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.661/2001 on the file of the Sessions Court Kollam. The learned Sessions Judge originally made over the case to the Assistant Sessions Court, Kottarakkara for disposal.