M.V. MURALIDARAN, J.

1. This Criminal Revision Case is filed as against the order of conviction made in S.T.C.No.487 of 2011 dated 08.04.2013 on the file of the learned Judicial Magistrate-II, Cuddalore, which was modified by the order of the learned Principal District and Sessions Judge, Cuddalore in C.A.No.7 of 2013 dated 25.04.2013.

2. The case of prosecution is that on 10.10.2011 when PW-1 along with PW-2 to PW-5 were held in vehicle checking duty at Aalpettai Police check post, they seized 528 Brandy bottles from white colour ambassador car bearing registration No:TN-31-A-2610 which was driven by the accused namely Arul from Pondicharry to Cuddalore.

3. The accused has smuggled the above said Brandy bottles without having permit or license to carry the same. Immediately after the said seizure PW-1 informed the same to Amirthalingam, PW-6, Sub-Inspector of Police. Accordingly the accused and the seized articles and the ambassador car were produced and handed over by PW-1 to PW-6 at New Town Police Station, Cuddalore.

4. Consequently, F.I.R. was registered against the accused in Crime No.568 of 2011 for the offence under Section 4(1)(a)(a) of TNP Act and the case was taken u