The petitioner is the accused in Calendar Case No.222/1997 before the Judicial First Class Magistrate's Court, Nadapuram. He was prosecuted for an offence punishable under Section 55 (a) of the Abkari Act and Rule 9 of the Foreign Liquor Rules. The complaint against the petitioner as stated in paragraph 2 of the judgment of the Magistrate is as follows:

"2. x x x x x x x. On 9.4.97 in the morning, the Excise Inspector attached to Nadapuram Excise Range Office and party, while conducting routine patrolling in Iringannor area, at about 9AM, a scooter bearing Reg.No.KRN 4323 was seen riding through Peringathoor-Nadapuram public road. Apprehending, when signalled, it was not stopped, thereby chased and after stopping it when searched, 8.640 litres of Indian made foreign liquor in 48 bottles of 180 ML each was seen hided in the vehicle. These bottles were having no label of the Kerala State Beverages Corporation. Accused was having no licence or permit for the possession or transportation of such a quantity of liquor. Accused was arrested from the spot. Sampling was done, property including the scooter were brought to the Excise Range Office and Cr.No23/97 was registered. The p