K. Ramakrishnan, J.

1. The accused in SC No. 941/2000 on the file of the Additional Sessions Court for the trial of Abkari Act Cases, Neyyattinkara is the appellant herein. The appellant was charge-sheeted by the Excise Inspector, Thirupuram Excise Range in Crime No. 48/1998 under Section 58 of the Abkari Act (it could be only a mistake as it ought to be under Section 8(1) read with Section 8(2) of the Abkari Act). The case of the prosecution in nutshell was that on 24/09/1998, at about 2 p.m, the appellant was found to be in possession of 7 litres of arrack in MO 1 cannas and found transiting the same along the western side of Kulathoor-Uchakkada road in front of Uchakkada Roman Catholic Church, Kulathoor in violation of the provisions of the Abkari Act and thereby by she had committed the offence mentioned above.

2. After investigation, final report was filed before the Judicial First Class Magistrate Court-ll, Neyyattinkara and the learned Magistrate had committed the case to Sessions Court, Thiruvananthapuram as per order in CP No. 16/2000 under Section 209 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). After committal, the Sessions Court too