JUDGMENT :

JOBIN SEBASTIAN, J.

The sole accused in S.C.No.1121 of 2012 on the file of the Additional Sessions Court-III, Kasargod, has preferred this appeal challenging the judgment of conviction and the order of sentence passed against him in the said case for an offence punishable under Section 55(a) of the ABKARI ACT .

2. The prosecution case allegation is that, on 22.12.2005, at 10.45 a.m., the accused was found possessing 23 packets of arrack, each containing 100 ml in a white polythene bag for the purpose of sale in violation of the provisions contained under the ABKARI ACT . Hence, the accused is alleged to have committed the offence punishable under Section 55(a) of the ABKARI ACT .

3. After completion of the investigation, the final report was submitted before the Judicial First Class Magistrate-I, Kasargod. On being satisfied that the case is one exclusively triable by a court of session, the learned Magistrate,