T DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The case of the accused in SC 136/2001 on the file of the Additional Sessions Court (Adhoc-I) Kasaragod is the appellant herein. The appellant was charge sheeted by the Excise Inspector of Badiadka in Crime No.11/2000 of that Excise Range under Section 55(a) of the Abkari Act (ought to be under Section 8(1) and (2) of the Abkari Act).

(2.) The case of the prosecution in nutshell was that on 9.5.2000 at about 3.30 pm, the accused was found to be in possession of 5 litres of arrack near the house of one Janaki situated at Payyanadkam Karadka village 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 (ought to be under Section 8(1) and (2) of the Abkari Act.

(3.) After investigation, final report was filed by the investigating officer before the Judicial First Class Magistrate's Court Kasaragod, where it was taken on file as CP 342/2000. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court, Kasaragod under Section 209 of the Code of Criminal Procedure (hereinafter referred to as the Code). After committal, the Sessions Court took cognizance of the case as SC 136/2001 and thereafter it was originally made over to Assistant Session's Court Kasaragod for disposal and thereafter the case was withdrawn by the learned Sessions Judge and made over to Additional Sessions Court-I, Kasaragod for disposal.