RAMADAS KARINGULANGARA VEEDU, KINAVALLUR Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in SC 43/2004 on the file of the Additional Sessions Court (Fast Track Court -I) is the appellant herein. The appellant was charge sheeted by the Excise Inspector of Parali Excise Range in Crime No.11/2001 of that Excise Range under Section 55 (a) and (i) of Abkari Act.

(2.) The case of the prosecution in nutshell was that on 5.7.2000, at about 5.00 pm, the accused was found to be in possession of 18 bottles of Indian made foreign liquor of which 5 bottles of 375 ml. Johars Fine Brandy and 14 bottles of 180 ml. Black Panther XXX Rum and found transitting the same in a plastic bag through Paralikadavu-Railway Station Road in front of Rasathandra Pharmaceuticals in violation of the provisions of Abkari Act and thereby he had committed offence punishable under Section 55(a) of Abkrai Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court -II Palakkad where it was taken on file as CP No.72/2003. After complying the formalities, the learned Magistrate committed the case to Sessions Court Palakkad, under Section 209 of Code of Criminal Procedure(hereinafter referred to as the Code) where it was taken on file as SC 43/2004. Thereafter the case was originally made over to Additional Assistant Sessions Court, Palakkad for disposal. But later the case was withdrawn and made over to Additional Sessions Court (Fast Track Court-I) Palakkad for disposal by the learned Sessions Judge.