JUDGMENT :

Alexander Thomas, J.

The aforecaptioned appeal is filed by the sole accused in the Sessions Case, SC No.691/2012, on the file of the Third Additional Sessions Judge, Kasaragod, whereby the appellant/accused has been convicted for the offence under Sec.55(a) of the Kerala Abkari Act and he has been sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.1,00,000/-(Rupees One lakh only) and in default thereof to undergo rigorous imprisonment for a further period of 6 months. The appeal has come up before us, on an order of reference rendered on 15.07.2022, by the learned Single Judge, whereby the correctness of the dictum laid down by a learned Single Judge of this Court, in the case in para No.6 of the decision in Easwaran v. State of Kerala [2022 (3) KHC 44], in para No.6 thereof, has been doubted and has, thus, been referred to this Division Bench for an authoritative pronouncement.

2. One of the main contentions raised by the appellant herein is that, in view of the dictum laid down by the learned Single Judge, in para No.6 of the decision in Ea