J U D G M E N T

These appeals are filed by the accused in S.C.No.637 of

2005 on the file Additional Sessions Judge (Adhoc) Court–I, Palakkad. Crl.A.No.1513 of 2007 is filed by the 1st accused, and Crl.A.No.1514 of 2007 is filed by the 2nd accused. The aforesaid Session Case arises from Crime No.65/2004 of Kollangode Police Station, registered for the offence punishable under section 55(a) of the Abkari Act.

2. The prosecution case is that on 20.03.2004 at about

18.30 hours, while the Sub Inspector of Police and his team were on patrol duty, they found one Maruti Esteem car coming from the eastern side to west through Chikkanampara- Kottamedu Road, and they intercepted the said vehicle. In the said vehicle, two persons were travelling, and upon inspection of the vehicle, the police party could find 16 cans, each having capacity of 35 litres, filled with spirit. Accordingly, the persons travelling in the car were arrested and articles were seized. On the basis of the same, the aforesaid crime was registered, and after completing the investigation, the Circle Inspector of Police submitted the final report before the Judicial First Class Magistrate Court, Chittur, where it was taken on fi