1. Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (in short, “Cr. P.C.”).

2. The appellant/accused was convicted by the learned Additional Sessions Judge for offences punishable under Sections 55(i) and 58 of the Abkari Act (in short, “the Act”). Separate sentences were imposed on the accused and it was directed that the substantive sentences should run concurrently.

3. The prosecution case: -

On 20.04.1998, the accused was found transporting 20 bottles of Indian Made Foreign Liquor (in short, “IMFL”), each bottle containing 750 ml. of liquor, in two big shopper bags. It is further alleged that he had secreted and stored 20 bottles of 375 ml. and 70 bottles of 180 ml. each of the same liquor for sale. Hence the prosecution contended that the accused had violated the above provisions of the Act.

4. After closing the investigation, a charge was filed before the learned Magistrate. Finding that the case was exclusively triable by a Court of Sessions, learned Magistrate committed the case to the Sessions Court. Thereafter, it was made over to the Additional Sessions Court. Learned Additional Sessions Judge framed charges and at the time of trial, fou