J U D G M E N T

The appellant herein challenges the conviction and sentence against him under Section 55 (a) of the Kerala Abkari Act (for short 'the Act') in S.C No.261/2005 of the Court of Session, Thiruvananthapuram.

2. The prosecution case is that at about 12.30 pm., on

13.4.2003 at Amachal Muri, within the limits of the Kattakkada Police Station, the appellant was found possessing 2.5 liters of arrack in a plastic can of 10 liters capacity. The offence was detected by the Sub Inspector of Police, Kattakkada. The accused was arrested on the spot and the quantity of arrack was seized as per mahazar. The very same Sub Inspector registered the crime, investigated it and also submitted final report in court. After complying with the procedural formalities the learned Magistrate committed the case to the Court of Session, from where it was made over to the learned Additional Sessions Judge (Ad Hoc IV), Thiruvananthapuram for trial and disposal. Though this is a case of arrack, the Sub Inspector wrongly registered the crime under Section 55 (a) of the Act and he submitted final report also under (a) of the Act. The learned trial judge also framed court charge under (a) of the Act ins