K. Ramakrishnan, J.

1. Accused Nos. 1 and 2 in S.C.No.243/2001 on the file of the Additional Sessions Court (Fast Track-I), Palakkad, are the appellants herein. The appellants were charge-sheeted by the Excise Inspector, Alathoor Excise Range in Crime No.2/1998 of that Excise Range under Section 55(a) of Abkari Act.

2. The case of the prosecution in nut shell was that, on 09.04.1998 at about 12.15 p.m., near Swathi Threatre, Alathoor, along with National Highway, first accused being the driver and 2nd accused being the person travelled in the vehicle bearing No.KL-7/M-7713 transported 1150 liters of toddy without any proper documents and using a fake permit in violation of the provisions of Abkari Act and thereby they have committed the offence punishable under Section 55(a) of the Kerala Abkari Act.

3. After investigation, final report was filed before the Judicial First Class Magistrate Court, Alathoor, where it was taken on file as C.P.No.19/2000. After complying with the formalities, the learned magistrate committed the case to Sessions court, Palakkad, under Section 209 of the Code of Criminal Procedure (hereinafter called the Code) against the present appellants as 3rd a