V.P.RAJAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The second accused in SC No. 190/2005 on the file of the Additional Sessions Court (Ad hoc) - I, Kottayam is the appellant herein. The appellant along with his son were charge - sheeted by the Excise Circle Inspector, Kottayam in Crime No. 2/2002 of Ettumanoor excise range under S.55(g) and S.64A of the Abkari Act.

(2.) The case of the prosecution in nutshell was that on 11/03/2002 at about 8.20 a.m the second accused being the owner of the house and first accused being his son were found to be in possession of 40 litres of wash, a material used for manufacturing arrack, and it was kept there with the connivance of the second accused, owner of the house and thereby they have committed the offences punishable under S.55(g) and S.64A of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Ettumannor where it was taken on file as CP No. 13/2005. After complying with the formalities, the case was committed to the Sessions Court, Kottayam by the learned Magistrate under S.209 of the Code. After committal, the case was taken on file as SC No. 190/2005 and it was made over to the Additional Sessions Court (Ad hoc) - I, Kottayam for disposal.