JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC.No.645/2001 on the file of the Additional Sessions Court (Adhoc-2) Kollam is the appellant herein. The appellant was charge sheeted by the Assistant Sub Inspector of Police Kundara in Crime No.368/1999 of Kundara Police Station under Section 55(a) and (i) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 15.7.1999, at about 5.30 pm, the accused was found to be in possession of 8 litres of arrack intended for sale and stored on the north-western corner of the property in which his residential building 'Reeja Bhavan' is situated in Perinad village in violation of the provisions of the Abkari Act and thereby he had committed offences punishable under Section 55(a) and (i) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-I, Kollam where it was taken on file as CP No.121/1999. Thereafter the case was committed to Sessions Court Kollam by the learned Magistrate 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.645/2001 and made over to Additional Assistant Sessions Court Kollam for trial and disposal. Thereafter it was withdrawn by the Sessions Judge and made over to Additional Sessions Court (Adhoc-2) Kollam for disposal.