- (1.)Leave granted.
(2.)This appeal arises out of the judgment of the Kerala High Court in Crl. Appeal No.1104 of 2004, by which the High Court modified the sentence awarded by the trial Court to that of rigorous imprisonment for one year and to pay a fine of Rs.1 lakh, and in default, simple imprisonment for three more months for an offence committed under Section 55(a) of the Abkari Act, 1077.
(3.)The prosecution case is that on 15.9.1999 at 7.00 a.m., the appellant was found in possession of 10 litres of arrack while he was transporting the same through the road in between Mokavoor and Kypurathpalam. PW6, Excise Inspector, registered Crime No.20 of 1999 through Ext.P3 occurrence report. After investigation, he laid the final report before the Judicial First Class Magistrate's Court, Quilandy, where it was taken on file as C.P. No.19 of 2001. The learned Magistrate committed the case to the Court of Sessions.