Koshy, J.

Doubting the correctness of the decision of the learned Single Judge in Krishnakutty v. State of Kerala (2005 (3) KLT 568), a learned Single Judge of this Court has referred this case to the Division Bench. Before answering the reference, we shall narrate the facts of this case.

2. Appellant was convicted for the offences punishable under Section 55 (a) of the Abkari Act read with Rule 9 of the Foreign Liquor Rules for illegal possession of more than the permissible quantity of liquor while he was traveling in a bus on 27.6.1997. He was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,00,000/- and in default to undergo simple imprisonment for one year more. The liquor seized from the bus allegedly from the possession of the appellant was 10 bottles of 180 ml. of Indian made Foreign Liquor and three bottles of 375 ml. of the same stuff. Ext.P4 seizure mahazer shows that the total quantity seized was 2.925 liters. During the relevant time, as per the foreign liquor rules, quantity that can be possessed and transported without permit was only 1.5 liters. Several contentions were raised by the appellant. First contention raised was th