KANARANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.563/2000 on the file of the Additional District and Sessions Judge (Adhoc) Fast Track Court No.1, Kozhikode is the appellant herein. The appellant was charge sheeted by the Excise Inspector of Balussery Excise Range in Crime No.19/1998 under Section 55(a) of Abkari Act (ought to have been under Section 8(1) read with Section 8(2) of the Abkari Act).

(2.) The case of the prosecution in nutshell was that on 30.5.1998, at about 6.30 pm, the accused was found to be in possession of 7 litres of arrack and found transmitting the same along with Panchayath Road from Naroth Angadi to Iyyad via Poompoyil on the south of the house of Pandarapparambil Ummer Master 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.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Perambra and it was taken on file as CP No.24/2000. Thereafter it was committed to Court of Sessions, Kozhikode by the learned Magistrate under Section 209 of Code of Criminal Procedure (hereinafter referred to as the Code). After committal the Sessions Court, Kozhikode took cognizance of the case as SC No.563/2000 and it was made over to Assistant Sessions Court, Koyilandy originally for disposal.