J U D G M E N T

This appeal is preferred against the judgment of conviction and sentence dated 30.9.2004 in S.C.No.424/2004 on the file of the Additional Sessions Judge (Adhoc-I), Kasaragod. The conviction is under Section 55 (a) of the Abkari Act . The appellant was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1 lakh, in default, to undergo rigorous imprisonment for a further period of six months.

2. The prosecution case is that on 27.9.2001 at about

21 hours the appellant was found in possession of 38 packets each containing 100 ml. of arrack produced in the State of Karnataka in contravention of the provisions of the Abkari Act and the rules and orders made thereunder and thereby committed the offence. Prosecution altogether examined six witnesses and Exts.P1 to P7 were marked. MOs 1 to 3 were also marked. After appreciating the evidence the court below convicted the accused and sentenced.

3. When the appeal came up for hearing, the learned counsel appearing for the appellant was not present. As there was no representation on the side of the appellant on 21.10.2016 the matter was adjourned to 8.11.2016. On that day also there was