RADHAKRISHNA KURUP MANATHARAYIL VEEDU Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in SC No.365/2003 on the file of Additional Sessions Judge (Fast Track-II) Alappuzha is the appellant herein. The appellant was charge sheeted by the Excise Inspector Kayamkulam Excise Range for the offence punishable under Section 55(a) of the Abkari Act in Crime No.12/2001 of that Excise Range.

(2.) The case of the prosecution in nutshell was that on 7.6.2001, at about 1.30 p.m., the accused was found to be in possession of 5.760 litres of Indian made foreign liquor in 32 bottles having capacity of 180 ml. each in a big shopper bag and found transitting the same along the road in front of Cosmo Hotel near K.S.R.T.C. Bus Stand at Kayamkulam 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 Kayamkulam where it was taken on file as CP No.21/2003. The learned Magistrate, after complying with the formalities, 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the learned Sessions Judge took cognizance of the case as SC No.365/2003 under Section 55(a) of the Abkari Act and originally made over to Additional Assistant Sessions Court, Alappuzha for disposal. Thereafter it was withdrawn by the Sessions Judge and made over to Additional Sessions Court (Adhoc-II) Alappuzha for disposal.