SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The two accused in S.C. No. 113 of 2011 of the Court of Session, Ernakulam, are the appellants in these two appeals. They challenge the conviction and sentence against them under Section 55(i) of the Kerala Abkari Act (hereinafter referred to as 'the Act').

(2.) The two accused faced prosecution before the court below on the allegation that at about 10.00 p.m. on 010.2008 at Kothamangalam, within the Kothamangalam Excise Range, they were found in possession of 18.375 litres of Indian Made Foreign Liquor, contained in 49 bottles of 375 ml capacity, for the purpose of illicit sale. The offence was detected by a Circle Inspector of the Excise Enforcement and Anti-narcotic Special Squad, Ernakulam, as part of a joint drive made by the said squad, and also the Excise Officials of the Kothamangalam Excise Circle and the Excise Range, for detecting offences under the Kerala Abkari Act within the range. The two accused were arrested by the Circle Inspector of the said Squad, and the quantity of liquor seized from their possession was seized as by him as per a mahazar. After complying with the procedural formalities as regards sampling etc., the accused and the properties were produced at the Excise Range Office, Kothamangalam, where an Excise Inspector of the Range registered the crime and occurrence report. Investigation was later taken over by an Excise Circle Inspector of the North Paravur Excise Circle, and after investigation, he submitted final report before the Judicial First Class Magistrate Court, Kothamangalam.

(3.) After complying with the procedure prescribed under the law, the learned Magistrate committed the case to the Court of Session, Ernakulam, from where it was made over to the learned Additional Sessions Judge (Adhoc-I), Ernakulam, for trial and disposal.