JUDGMENT :

Jobin Sebastian, J.

The sole accused in S.C. No. 280/2013, on the file of the Additional Sessions Court-III (ADHOC-I), Thodupuzha, has preferred this appeal challenging the judgment of conviction and order of sentence passed against him for the offence punishable under Section 8(2) r/w 8(1) of the Abkari Act.

2. The prosecution allegation in brief is that, on 22.07.2012, at 7.50 a.m., near the muster shed of a tea factory at Ottamaram in Upputhara Village, the accused was found in possession of 2 liters of arrack in a plastic can in contravention of the provisions of the Abkari Act and thereby committed an offence punishable under Section 8(2) r/w 8(1) of the Abkari Act.

3. Upon conclusion of the investigation, the final report was laid before the Judicial First Class Magistrate Court-I, Peermade. Being satisfied that the case is one exclusively triable by a court of session, the learned Magistrate, after complying with all legal formalities, committed the case to the Court of Session, Thodupuzha, under Section 209 of Cr.PC.

4. The learned Sessions Judge, having taken cognizance of the offence, made over the case to the Additional Sessions Court-III (ADHOC-I), Thodupuzha, for