V.K. Mohanan, J.

1. The first accused in S.C.No.128 of 2008 on the file of the court of Additional Sessions Judge (Ad hoc)-II, Kalpetta, is the appellant. He preferred this appeal challenging the judgment dated 5.2.2013 of the said court by which he is convicted and sentenced for the offence under section 55(a) of the Abkari Act.

2. The case of the prosecution is that on 17.12.2006 at about 6.10 a.m. at Muthanga Excise Check post, the appellant who is A1 was found transporting 540 ltrs. of rectified spirit in the Maruthi Versa car bearing registration No.TN-09AC-2457 owned by A2, from the State of Karnataka to Kerala. Thus, the accused has committed the offence punishable under section 55(a) and 61 of the Kerala Abkari Act. Based upon the above allegation, crime No.102 of 2006 was registered in the Sulthan Bathery Excise Range for the said offences. On completing the investigation, a report was filed in the court of Judicial First Class Magistrate-I, Sulthan Bathery and the learned Magistrate after compliance of section 207 of Cr.P.C., committed the case to the Sessions court as per his order dated 14.2.2008 in C.P.No.67 of 2007 and on receipt of this committal proceedings,