VASU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 8(2) of the Kerala Abkari Act (hereinafter referred to as 'the Act') in S.C.No. 181 of 2009 of the Court of Session, Palakkad.

(2.) The prosecution case is that at about 7.15 a.m. on 02.09.2005 on the public road near the crematorium at Akalur, he was found possessing 5 litres of arrack in a plastic can. The offence was detected by a Preventive Officer of the Ottappalam Excise Range. He arrested the accused, and seized the can containing arrack. He also collected the required sample from the quantity of arrack seized. Without any delay, the Preventive Officer produced the accused and the properties at the Excise Range Office where an Excise Inspector registered the crime. Another Excise Inspector conducted investigation, and submitted final report.

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