MADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 55(g) of the Kerala Abkari Act (hereinafter referred to as 'the Act') in S.C.No. 197 of 2008 of the Court of Session, Kollam.

(2.) The prosecution case is that at about 10.00 p.m. on 05.06.2006 at Padinjattinkara Vadakku Muriyil, within the limits of the Sasthamcotta Excise Range, the appellant was found possessing 15 litres of wash in a can of 20 litres capacity, meant for distillation of arrack. The offence was detected by a Preventive Officer of the Sasthamcotta Excise Range. He arrested the accused on the spot, and seized the can containing wash, after taking the required sample. The Preventive Officer produced the accused and the properties at the Excise Range Office where he himself registered the crime and occurrence report. Later, an Excise Inspector took over investigation, and submitted final report in court.

(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 (Adhoc-II), Kollam, for trial and disposal.