ORDER :

In the wee hours of the morning on 04.10.1998, at the place Odanavattam, the Inspector of Police, Kottarakara seized 1435 litres of spirit, which was being transported in the lorry KL-02/E-7176. The spirit was kept in 41 cans. The driver of the lorry and two other persons who were travelling in it escaped from the spot. The police party could not obstruct the car which was escorting the lorry and apprehend the persons who were in the car. The police party apprehended the petitioner who had got down from the cabin of the lorry.

2. The driver of the lorry and three other persons, who were allegedly travelling in the lorry and the car, were subsequently arrested. Along with them, the petitioner figured as the first accused in the case S.C.No.10/2000 and he faced trial for the offences punishable under Sections 55(a) and 55(i) of the Abkari Act, 1077 before the Assistant Sessions Judge, Kottarakkara.

3. The prosecution examined PW1 to PW7 and marked Ext.P1 to P10 documents. No evidence was adduced by the accused.

4. Learned Assistant Sessions Judge found the petitioner only, the first accused in the case, guilty of the offence punishable under Section 55(a) of the Abkari Act only a