ACHUTHAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C. No. 94/2002 on the file of the Additional Sessions Court (Fast Track -I), Manjeri, is the appellant herein. The appellant was charge -sheeted by the Excise Inspector, Kalikavu Excise Range in Crime No. 11/1997 of the Kalikavu police station under Sec. 55(a) and (i) of the Abkari Act.

(2.) The case of the prosecution in nut shell was that, on 19.06.1997 at about 06.00 p.m., the accused was found to be in possession of 1.750 liters of Indian Made Foreign Liquor in his house with No. III/583 of Pandikkad and he was keeping the same for the purpose of sale and he was engaged in sale of the same in violation of the provisions of Abkari Act, thereby he had committed the offences punishable under Sec. 55(a) and (i) of the Kerala Abkari Act.

(3.) After investigation, final report was filed before the Judicial First Class Magistrate Court -I, Perinthalmanna, and the case was taken on file as C.P. No. 1/2002. Thereafter it was committed to the Sessions court, Manjeri by the learned magistrate under Sec. 209 of the Code of Criminal Procedure (hereinafter called 'the Code'). After committal, the case was taken on file as S.C. No. 94/2002 on the file of the Sessions Court, Manjeri and it was originally made over to the Additional Sessions Court (Adhoc -I), Manjeri, for disposal.