JUDGMENT :

JOBIN SEBASTIAN, J.

1. The accused Nos. 1 and 2 in S.C.No.1204/2004, on the file of Additional District and Sessions Judge (Fast Track Court-I), Thiruvananthapuram, has preferred this appeal challenging the judgment of conviction and order of sentence passed against them for the offence punishable under Section 55 (a) of the Abkari Act.

2. The prosecution allegation in brief is that, on 07.01.2002, at 7.30 a.m., at Puthennada in Anchuthengu desom, the accused Nos. 1, 2 and 3 were found in possession of 10 litres of spirit 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 completion of the investigation, the final report was laid before the Judicial First Class Magistrate Court, Varkala. Being satisfied that the case is one exclusively triable by a court of Session, the learned Magistrate, after complying with all legal formalities, committed the