JUDGMENT

The appellants herein challenge the conviction and sentence against them under Section 55(a) of the Kerala Abkari Act in S.C.No.379/2010 of the Court of Session, Palakkad.

2. The prosecution case is that on 28.12.2008 at about 10.20 p.m. at Walayar, the appellants herein were found transporting huge quantity of 4800 litres of spirit in the Lorry No.TN-31-AA/3476. The offence was detected by an Excise Inspector of the Excise Enforcement and Anti Narcotic Special Squad, Palakkad as part of his routine checking. The two appellants were arrested on the spot, and the quantity of spirit along with the lorry was seized as per mahazar. The accused and the properties were produced before the Excise Range Office, Palakkad by the detecting officer, where an Excise Preventive Officer registered this crime, and later investigation was taken over by an Excise Inspector of the Palakkad Excise Range. He produced the properties before the Deputy Excise Commissioner under Section 67B of the Kerala Abkari Act, and produced the accused in Court. The Deputy Commissioner of Excise in turn prepared an inventory, and the genuineness of the inventory was certified by the learned Magistrate having j