The appellant herein is the 1st accused in S.C. 258/2010 of the Court of Session, Palakkad. The accused Nos.2 and 3 obtained discharge from the trial court. The 1st accused faced trial before the learned Additional Sessions Judge (Adhoc)-III, Palakkad under S.55(a) of the Kerala Abkari Act (for short “the Act”) on the allegation that at about 1 p.m. on 26.1.2007, he was found transporting huge quantity of spirit contained in 18 plastic cans of 35 litres capacity in his Car No.KL-9G-910. The offence was detected by the Sub Inspector of Police, Kozhinjampara. He arrested the accused on the spot and seized the contraband articles including the car as per a mahazar. On the basis of the arrest and seizure, the Sub Inspector registered the crime, and investigation was taken over by the Circle Inspector. After investigation, the Circle Inspector submitted final report in court.

2. The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him under S.55(a) of the Act. The prosecution examined six witnesses and proved Exts.P1 to P9 documents in the trial court. The MO1 to MO18 properties were also identified during trial. Those are said