JUDGMENT

Aggrieved by the judgment dated 29.09.2007, passed by the Additional Sessions Court (Special Judge for NDPS Act cases), Thodupzha in Sessions Case No.97/2007, the accused has preferred this appeal. The appellant/ accused was convicted under Sections 55 (a) and 55(i) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of six months and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 14.06.2005 at 7.30 p.m., the accused was found in possession of 1.5 litres of Indian Made Foreign Liquor for sale in his vegetable shop at Muttom junction 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) 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 charges were framed against him for the offences punishable under Sections 55 (a) and 55(i) of the . The accused pleaded not guilty to the charges and therefore, he came to be tried by the trial Court for the aforesaid offences.

4. The