(1.) Accused in S.C. No. 358/2000 on the file of the Additional District and Sessions Court Fast Track(Adhoc-II), Kozhikode, is the appellant herein.
(2.) The appellant was charge-sheeted by the Assistant Sub Inspector of Police, Koiyilandi police station in Crime No. 458/1998 of Koyilandi police station under Section 55(a) of the Abkari Act.
(3.) The case of the prosecution in nut shell was that, on 29.10.1998 at about 09.00 p.m., the appellant was found to be in possession of 10.00 liters of arrack in a plastic can near the mosque in Pookkad Thorayikkadavu road in Thovvakode Desom, Chemanchery Amsom, in Chemamchery Panchayath and found transiting the same in violation of the Provisions of the Abkari Act and thereby he had committed the offence punishable under Section 55(a) of Abkari Act.