ORDER :

The revision petitioner is the first accused in the case S.C.No.502/2004 on the file of the Court of the Assistant Sessions Judge, Thrissur.

2. The Deputy Superintendent of Police, Kunnamkulam intercepted and inspected the lorry KL-10A/8034 at the road in front of Royal Hospital at Kunnamkulam, at about 13:20 hours on 29.08.2000. He found 1271.880 litres of Indian Made Foreign Liquor (for short 'IMFL') in the lorry. The liquor was being transported without any permit. The first accused was the driver of the lorry. The second accused was found inside the cabin of the lorry. The Dy.S.P arrested them and seized the liquor. This is the prosecution case.

3. The trial court framed charge against the two accused for the offence punishable under Section 55(a) of the Abkari Act. Both accused pleaded not guilty to the offence and claimed to be tried.

4. The prosecution examined PW1 to PW7 and marked Exts.P1 to P11 documents and MO1 to MO5 series material objects. No evidence was adduced by the accused.

5. The trial court found both accused guilty of the offence punishable under Section 55(a) of the Abkari Act and convicted them thereunder and sentenced them to undergo rigorous imprisonmen