JUDGMENT :

Jobin Sebastian, J.

The sole accused in S.C.No.381/2011, on the file of Additional Sessions Court-I, Kasaragod, has preferred this appeal challenging the judgment of conviction and order of sentence passed against him in the said case for the offence punishable under Section 55(a) of the Abkari Act .

2. The prosecution allegation in brief is that, on 09.03.2007, at 6.30 a.m., on the National Highway in Manjeshwar village, the accused was found in possession and transit of 14 bottles of Indian-made foreign liquor containing 180ml each, which was exclusively meant for sale in Karnataka State in violation of the provisions of the Abkari Act and thereby committed an offence punishable under Section 55(a) of the Abkari Act .

3. On completion of the investigation, the final report was submitted before the Judicial First Class Magistrate Court-I, Kasaragod. On being satisfied that the said case is one exclusively triable by a court of Session, the learned Magistrate, after complying with all legal formalities, committed the case to the Court of Session, Kasaragod, under Section 209 of Cr.PC. The learned Sessions Judge, after taking cognizance made over the case to the Additional Se