JUDGMENT

Dated this the 9th day of March, 2021 A simple appeal from a conviction for an offence under the Abkari Act has thrown open issues of a demanding nature. The complex questions arise out of a submission by the learned counsel for appellant. Adv. Jacob Abraham in all fairness submitted that this appeal was not legally maintainable at the first instance itself and instead ought to have been preferred before the Sessions Court.

2. Appellant was the accused in S.C. No.233 of 2005 on the files of the First Additional Assistant Sessions Court, Kozhikode. He was tried for the offence under Sections 55(a) and 8(1) of the Abkari Act and was found guilty and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs.1,00,000/- and in default to undergo simple imprisonment for a period of three months.

3. The conviction and sentence imposed by judgment dated

29.10.2007 are challenged in this appeal, which was admitted on 6.11.2007. For the last 13 years, this appeal has been pending on the files of this Court.

4. The prosecution case was that on 18.12.2007, the accused was found in possession of four litres of arrack kept in a 10 litre can in his residential house a