(1.) The appellant is the accused in Sessions Case No.1078/2004 on the file of the Additional District and Sessions Judge, Fast Track (Adhoc-II), Kozhikode. The above case is charge sheeted by the Kuttiyadi Police Station against the appellant alleging offence punishable under Section 55(a) of the Kerala Abkari Act.
(2.) The prosecution case is that, on 01.04.2003, the Sub Inspector of Police, Kuttiady and his party were conducting law and order duty. It is alleged that the accused was found in possession of Indian made foreign liquor brought from Mahe. According to the prosecution, 5 bottles of 375 ml Port Bridge Fine Brandy and 5 bottles of 180 ml of the same brand was seized from the appellant.
(3.) Heard the learned counsel for the appellant and learned Public Prosecutor.