JUDGMENT :

1. The sole accused in S.C.No.4/2012, on the file of Additional Sessions Court-II, Kalpetta, Wayanad has preferred this appeal challenging the judgment of conviction and order of sentence passed against him for the offence punishable under Section 55(a) of the Abkari Act .

2. The prosecution allegation in brief is that, on 31.05.2007, at 09.30 am., the accused was found in possession of 460 litres of spirit concealed in a secret chamber of the car bearing Registration No. KL-11D-8880, transported from the State of Karnataka to Kerala, in contravention of the provisions of the Abkari Act and thereby committed an offence punishable under Section 55(a) of the Abkari Act .

3. Upon conclusion of the investigation, the final report was laid before the Judicial First Class Magistrate Court-I, Sulthanbatheri. Being satisfied that the case is one exclusively triable by a court of Session, the le