JUDGMENT :

The above appeal is filed by the first accused in Sessions Case No.339 of 2002 on the file of the Principal Assistant Sessions Judge, North Paravur. The Circle Inspector of Excise, Aluva, has filed a charge sheet against the appellant herein and another alleging offences punishable under Sections 55(a) and 58 of the Abkari Act. The second accused was absconding, and hence, the trial court proceeded with the case of the first accused.

2. The prosecution case is that the accused were found in possession of illicit liquor (Indian made foreign liquor) and were transporting the same in a tanker lorry bearing registration No. KL-7Q/3096 through the National Highway-17 in contravention of the Abkari Act and Rules. It is alleged that they were transporting 144 cases of Mc Dowell Brandy, 38 cases of Honey Bee Brandy, 82 cases of Golconda Brandy, and 39 cases of Christian Brothers Brandy in the lorry without any valid license or papers. It was kept in three compartments of the tanker lorry. It was detected by the Excise Inspector, Aluva Range, and the place of seizure was in fro