1. The appellant is the sole accused in S.C.No.56/00 of the court of Additional District and Sessions Judge (Ad hoc)-I, Kollam, and in this appeal he challenges the judgment dated 10.6.2005 in the above sessions case by which he is convicted and sentenced for the offence under Section 55(a) of the Abkari Act.

2. The prosecution case is that on 17.11.1998 at about 6 p.m. the accused was found in possession of 1.5 ltrs. of arrack for sale in a black cannas, on the northern side of the Thottuvarampa of Polachira in Thazham thekku muri of Chirakkara village and hence the accused has committed the offence punishable under Sections 55(a) and (i) of the Abkari Act. On the above allegation, Crime No.325/98 was registered in the Chathannur Police Station.

3. On completing the investigation in the above crime, a report was filed in the court of Judicial First Class Magistrate-Paravur, based upon which C.P.No.101/98 was instituted and subsequently by order dated 30.9.1999, the learned Magistrate committed the case to the Sessions court wherein S.C.No.56/00 was instituted and thereafter eventually transferred the case to the present court for trial and disposal. Thus when the accused a