NANU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.28/2003 on the file of the Additional Sessions Court, Adhoc-II, Kozhikode is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Koyilandy excise range in Crime No.17/2000 of that range under section 55(a) of the Abkari Act.

(2.) The case of the prosecution in nutshell was that, on 25.7.2000, at about 1.30 p.m, the accused was found to be in possession of 5 litres of arrack in a 10 litre plastic can and found transiting the same through the pathway which leads from Kuvvappuram junction to Azhikkal Kadav in Iringal amsom desom of Quilandy taluk in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under section 8(1) of the Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court, Koyilandy where it was taken on file as C.P.No.382/2002. After complying with the formalities, the leaned Magistrate committed the case to Sessions Court, Kozhikode under section 209 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). After committal, the case was taken on file as S.C.No.28/2003 by the Sessions Court, Kozhikode and it was originally made over to the Assistant Sessions Court, Koyilandy for disposal. Thereafter, the case was withdrawn by the Sessions Court and made over to the Additional Sessions Court(Adhoc-II), Koyilandy for disposal.