APPACHAN @ JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC 119/2003 on the file of the Additional Sessions Court (Adhoc) Kalpetta is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Mananthavady Excise Range in CR No. 22/1999 of that Excise Range under Sections 8(1) and 8(2) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 26.11.1999, at about 2.30 pm, the accused was found to be in possession of 30 packets of Karnataka made arrack of 100 ml each and found transitting the same in the bus with No.KLM 5441 plying from Baveli - Mananthavady in violation of the provisions of the Abkari Act and thereby he had committed the above said offence.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate's Court-II, Mananthavady, and wherein it was taken on file as CP No.10/2002. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court, Mananthavady where it was taken on file as SC 119/2003 and thereafter it was made over to Additional Sessions Court (Adhoc) Kalpetta for disposal.