(1.) The appellant was convicted by the court below under Sections 55(a) and 8(2) of the Abkari Act. The appellant was sentenced to simple imprisonment for one year and a fine of Rs.1,00,000/- under Section 55(a) of the Abkari Act. No separate sentence was awarded under Section 8(2) of the Abkari Act.
(2.) The prosecution allegation is that on 14.01.1999 at about 5.30 p.m., the appellant was found in possession of 2 litres of arrack in contravention of the provisions of the Abkari Act.
(3.) The learned Advocate Saju S.A. had passed away, submitted at the Bar. The learned Advocate Shri.Thareeq Anver has submitted that he is attached to the same office. In view of the above submission, Shri.Thareeq Anver is appointed as Amicus Curiae to argue the case for the appellant.