ORDER :

1. These criminal revision petitions are directed against the judgment dated 18th March, 2006 passed by the Additional Sessions Court, (Adhoc-II), Kozhikode (for short “the appellate court”) in Crl. Appeal No. 165/2004 confirming the judgment dated 16th February, 2004 passed by the Assistant Sessions Court, Vatakara (for short “the trial court”) in S.C. No. 426/2001.

2. The revision petitioners/accused Nos. 1 and 2 faced trial for the offence punishable u/s 55(a) of the Abkari Act and Rule 9 of the Foreign Liquor Rules.

3. The prosecution case in short is that on 2.2.1998 at 5.45 p.m. the accused were found transporting 40 bottles of Indian Made Foreign Liquor (IMFL) each containing 180 of ml liquor in an autorickshaw bearing Regn. No. KL-11D 7594 at Rayarangoth from Mahe to Kerala without any valid documents and in contravention of the Abkari Act and the Rules.

4. On receipt of the summons, both accused appeared at the trial court. After hearing both sides, charge was framed against the accused u/s 55(a) of the Abkari Act and Rule 9 of the Foreign Liquor Rules. The charge was read over and explained to the accused who pleaded not guilty.

5. The prosecution examined PWs. 1 to 7