JUDGMENT

The appellants herein challenge the conviction and sentence against them under Section 58 of the Kerala Abkari Act in S.C.No.124 of 2010 of the Court of Session, Palakkad.

2. The prosecution case is that at about 1.30 p.m. on 15.05.2009, the appellants were found transporting huge quantity of 30 litres of foreign liquor contained in 20 bottles of 1 ½ litres capacity in the Vehicle No.KL-9W 1845. The offence was detected by the Preventive Officer of the Palakkad Excise Enforcement Anti Narcotic Special Squad. The accused were arrested on the spot, and the contraband articles were seized as per mahazar. The Preventive Officer produced the accused and the properties at the Excise office within no time, where an Assistant Excise Inspector registered crime and occurrence report, and he in turn produced the accused in court. The properties were produced by the Assistant Excise Inspector before the Deputy Excise Commissioner. After investigation, the Excise Inspector submitted final report in court.

3. The two accused pleaded not guilty to the charge framed against them under Section 58 of the Kerala Abkari Act by the learned Additional Sessions Judge, Adhoc-III, Palakkad. The pros