JOSHWA Vs. STATE OF KERALA

JUDGEMENT

(1.) The second accused in S.C.No.699/2004 on the file of the Additional Sessions Court (Adhoc-I), Thoupuzha is the appellant herein. The appellant along with his son were charge sheeted by the Excise Inspector, Idukki excise range in Crime No.29/2002 of that range under section 8(1) and (2) of the Abkri Act.

(2.) The case of the prosecution in nutshell was that on 23.12.2002 at 3.30 p.m, the accused persons were found to be in possession of 2.25 litres of arrack in the house with No.6/414 (newNo.6/553 of Kanjikuzhy grama Panchayat standing in the name of the appellant in violation of the provisions of the Abkari Act and thereby they have committed the offence punishable under section 8(1) and (2) of the Abkri Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Idukki, where it was taken on file as C.P.No.48/2004. After complying with the formalities, learned Magistrate committed the case to Sessions Court, Thodupuzha 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.No.699/2004 and made over to the Additional Sessions Court (Adhoc-I), Thodupuzha for disposal.