JUDGMENT :

JOHNSON JOHN, J.

1. Accused Nos. 1 and 2 in S.C. No. 860 of 2003 on the file of the Additional District and Sessions Judge, Fast Track (Ad-hoc), Mavelikkara, preferred this appeal challenging the conviction and sentence imposed on them for the offences punishable under Sections 8(1)(2) and 55(a) of the Kerala Abkari Act.

2. The appellants are convicted and sentenced to undergo rigorous imprisonment for a period of 3½ years each and to pay a fine of Rs. 1,00,000/- each for the offences punishable under Sections 8(1)(2) and 55(a) of the Kerala Abkari Act and in default to pay the fine, to undergo rigorous imprisonment for a further period one year each.

3. The prosecution case is that on 09.07.2002, at 1.20 hours, the accused persons were found transporting 35 litres of spirit in car bearing registration No. KL-4H/2244 through the PIP canal road at Kollakadavu. The Sub Inspector of Police, Venmony Police Station, intercepted the vehicle and arrested the accused persons and after completing the investigation, final report was filed against the accused persons alleging commission of offences punishable under Sections 8(1) and (2) and 55(a) of the Kerala Abkari Act before the Jud