JUDGMENT

The appellant herein challenges the conviction and sentence against him in S.C.No.74 of 2010 of the Court of Session, Palakkad, under Section 55(a) of the Kerala Abkari Act. He is the sole accused in this case.

2. The prosecution case is that when the Preventive Officer of the Velamthavalam Excise Check Post intercepted and inspected a lorry at the check post on suspicion, a huge quantity of 1350 litres of spirit was found in a secret chamber above the driver's cabin. The appellant is said to be the cleaner of the said lorry, found inside the cabin at the time of the alleged detection. The driver of the lorry ran off and escaped, when the excise party proceeded to inspect the secret chamber containing spirit. The cleaner was arrested on the spot by the Preventive Officer, and the huge quantity of spirit, collected in different plastic cans was seized as per mahazar. The accused and the properties were produced at the Excise Range Office by the Preventive Officer, and there, an Excise Inspector registered a crime against the cleaner alone. Even crime was not registered against the driver who ran off and escaped. Investigation was taken over by the Circle Inspector of the Exc