JUDGMENT

Aggrieved by the judgment dated 19.04.2008, passed by the Additional Sessions Court, Fast Track Court - III, Palakkad in Sessions Case No.472/2003, accused No.1 has preferred this appeal. The appellant/accused No.1 was convicted under Section 55 (a) of the Abkari Act and sentenced to undergo simple imprisonment for a term of three years and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 26.05.2003 at 9.45 a.m, the appellant and the other accused were found transporting 10 litres of illicit arrack in an autorickshaw bearing registration No.KL.9/H-5209 in front of Thrithala Police Station in violation of the provisions of the Abkari Act .

3. After completing the investigation, final report was submitted against the accused for the offences punishable under Sections 55 (a), 8(2) and 55(i) of the Abkari Act before the jurisdictional Magistrate. The case was committed to the Sessions Court from where it was made over to the trial Court. On the appearance of the accused, charge was framed against them for the offence punishable under Section 55 (a) of the . The accused pleaded not guilty to the charge and therefore, they came to be tried by the trial Court for the