JUDGMENT

Dated this the 27th day of May, 2022 Aggrieved by the judgment dated 13.08.2007, passed by the Additional Sessions Court, Adhoc-III, Thalassery in Sessions Case No.270/2003, the accused has preferred this appeal. The appellant was convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of two years and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 22.09.2000 at

9.30 p.m., the Sub Inspector of Police, Iritty Police Station, seized 570 litres of spirit kept in a car bearing Reg. No.KRQ/2659 from the possession of the accused. 3. After completing the investigation, final report was submitted against the accused for the offence punishable under Section 8(2) 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 him for the offence punishable under Section 8(2) of the Abkari Act. The accused pleaded not guilty to the charge and therefore, he came to be tried by the trial Court for the aforesaid offence.

4. The prosecution examined PWs 1 to 5 and proved Exts .P1 to P9