VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.68/2002 on the file of Additional Sessions Court (Fast Track-II) Alappuzha is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Kayamkulam Excise Range in Crime No.18/1999 of that Excise Range under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act).

(2.) The case of the prosecution in nutshell was that on 26.4.1999, at about 5.45 pm, the accused was found to be in possession of 8 litres of arrack and found transitting the same along the road in front of Cycle shop of one Razak in Vallikkunnam Village, Kannimel Muri along the road leading to Changankulangara-Kambisserymukku in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act).

(3.) After investigation, final report was filed before the Judicial First Class Magistrate's Court, Kayamkulam, where it was taken on file as CP 66/2001. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court, Alappuzha under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the case was taken on file by the Sessions Judge as SC 68/2002 and thereafter it was made over to Additional Sessions Court (Adhoc-II) Alappuzha for disposal.