DILEEPKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred under Section 374(2) of the Criminal Procedure Code, hereinafter referred to as the ' Cr.P.C '., challenging the legality and correctness of the judgment of the Additional Sessions Judge III, Pathanamthitta in S.C. No. 726/2003, dated 04.08.2006. The alleged incident has happened on 04.04.1999. According to the prosecution, that day at 12.30 A.M., while the Excise Inspector, Konni and party were engaged in patrol duty on the Chandanapally - Poonkavu road, at a place by name Vazhamuttom at Vallikkode village, in front of the tea shop of Gopinathan Nair, Biju Bhavan they came across the appellant and another moving in a motor cycle KL-2E-8827; the appellant was travelling on the pillion seat of the vehicle carrying a black can of 5 litres of capacity. They were intercepted and when the content of the can was tested, it contained 4 litres of arrack. Thus the item was seized under a mahazar and both the passengers of the motor cycle were arrested and Crime No. 12/1999 of Excise Range Office, Konni was registered. Both the arrestees were produced before the court on the same day.

(2.) After investigation, the charge sheet was laid before the Judicial First Class Magistrate - II, Pathanamthitta where the case was taken on file as C.P. No. 166/2001. After serving copies of records to accused and completing the formalities, the case was committed to the Sessions Court, Pathanamthitta from where it was made over to the trial court.

(3.) The appellant was the second accused in the case. He was defended by a counsel of his choice. After hearing counsel on both sides, when a charge was framed, read over and explained in Malayalam, he pleaded not guilty. He was on bail.