BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No. 280/2013, on the file of the Additional Sessions Court-III (ADHOC-I), Thodupuzha, has preferred this appeal challenging the judgment of conviction and order of sentence passed against him for the offence punishable under Sec. 8(2) r/w 8(1) of the Abkari Act.

(2.) The prosecution allegation in brief is that, on 22/7/2012, at 7.50 a.m., near the muster shed of a tea factory at Ottamaram in Upputhara Village, the accused was found in possession of 2 liters of arrack in a plastic can in contravention of the provisions of the Abkari Act and thereby committed an offence punishable under Sec. 8(2) r/w 8(1) of the Abkari Act.

(3.) Upon conclusion of the investigation, the final report was laid before the Judicial First Class Magistrate Court-I, Peermade. Being satisfied that the case is one exclusively triable by a court of session, the learned Magistrate, after complying with all legal formalities, committed the case to the Court of Session, Thodupuzha, under Sec. 209 of Cr.PC.