(1.) Accused Nos. 1 and 2 in SC.No.420/2001 on the file of the Additional Sessions Court, Fast Track-I, Manjeri are the appellants herein. The appellants were charge sheeted by the Excise Inspector, Nilambur excise range under section 55(a) of the Abkari Act, which ought to be under section 8(1) of the Abkari Act.
(2.) The case of the prosecution in nutshell was that, on 8.11.1999, at about 6 p.m, the accused persons were found to be in possession of 80 litres of illicit arrack in 8 cannases of 10 litres capacity each, out of which they were found transiting with two cannases at the place called Mundapotti through a pathway in violation of the provisions of the Abkari Act and thereby they have committed the offence punishable under section 55(a) of the Abkari Act.
(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Nilambur where it was taken on file as C.P.No.10/2001. After complying with the formalities, the learned Magistrate committed the case to Sessions Court, Manjeri under section 209 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). After committal, the Sessions Court took cognizance of the case as SC.420/2001 and thereafter it was made over to the Additional Sessions Court, Adhoc-I, Manjeri for disposal.