ORDER

This criminal revision petition is preferred impugning the judgment of the learned Additional Sessions Judge (Ad hoc-III), Kasaragod in Crl.Appeal No.400/2010.

2. The revision petitioner herein is the sole accused in Crime No. 16 of 2006 of Nileshwar Excise Range registered for offence punishable under Section 55 (a) of the Abkari Act .

3. In this case, the accused is no more. It is trite law that the death of an accused after admission of the revision petition will not affect the case and even if the death is caused during the pendency of the revision petition, the matter is to be disposed on merits.

4. The prosecution case is that, on 15.06.2006, at about 9.30 a.m., the accused was found unauthorisedly transiting 3 litres of illicit arrack in a 5 litre white plastic can through the Kakkottu-Karalam road Kinanoor Village, Hosdurg Taluk.

5. The trial court convicted and sentenced the accused to undergo simple imprisonment for three months and to pay a fine of Rs.1,00,000/- (Rupees One Lakh only), in default to undergo simple imprisonment for one month.

6. Impugning the judgment of the learned Additional Sessions Judge, the accused preferred this revision.

7. Before the trial court