(1.) The appellants are the accused in S.C.No.652 of 2004 of the court of the Additional Sessions Judge, Ad hoc-II, Thalassery and in this appeal they are challenging the conviction and sentence imposed on them for the offence under Section 55(a) of the Kerala Abkari Act and Rule 9 of Foreign Liquor Rules.
(2.) The prosecution case is that on 29/08/2000 at about 8.20 p.m. PW.1 seized contraband article from a jeep bearing Registration No.KL/6/8124 driven by the first accused along with the second accused, near Eranholi old bridge and the road leading to Moozhikkara and on the junction which turns to the burial ground and thereby the accused have committed the offence punishable under Section 55(a) of the Kerala Abkari Act. C.R.No.19 of 2006 was registered in the Excise Range, Thalassery on the basis of above allegation and on completing the investigation charge was laid before the committal court whereupon C.P.No.47 of 2003 was instituted.
(3.) The learned Magistrate by his proceedings dated 17/11/2003 in C.P.No.47 of 2003 committed the case to the Sessions Court where S.C.No.652 of 2004 is instituted and made over to the present court for trial and disposal. When the accused appeared, a formal charge was framed for the said offence, after hearing the prosecution as well as the defence and when the said charge was read over and explained to the accused they denied the same and pleaded not guilty, consequently the prosecution adduced its evidence consisting of the oral evidence of PWs.1 to 4 and Exts.P1 to P7 documents.