J U D G M E N T

Aggrieved by the judgment dated 13.10.2008, passed by the Additional Sessions Court, Vadakara in S.C.No.141/2007, the accused has preferred this appeal. The appellant/accused was convicted under Section 55 (a) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of one year and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 24.01.2005 at about 3.30 p.m., the appellant/accused was found in possession and transporting 30 bottles of Indian made Foreign Liquor in a bus bearing Registration No. KL.11/N- 707 at Uralungal amsom, Madappalli desom in violation of the provisions of Abkari Act .

3. After completing the investigation, final report was submitted against the accused for the offence punishable under Section 55 (a) 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 55 (a) of the . 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 exami