1. The sole accused in S.C.No.404/00 of the court of Additional Sessions Judge, Fast Track (Ad hoc)-II, Thiruvananthapuram, has preferred this appeal challenging the judgment dated 14.10.2003 in the above sessions case, since by the above judgment, the trial court has convicted and sentenced the appellant for the offence under section 55(a) of the Abkari Act.

2. The prosecution case is that on 8.7.1999 at about 6.40 a.m., the accused was found in possession of 8 ltrs. Of arrack in a 10 ltr. black plastic can and about one ltr. Of arrack in a 1.5 ltr. plastic bottle for sale. When the accused faced the trial in S.C.No.404/00, a formal charge was framed against him for the offence punishable under section 55(i) of the Act, which denied by the accused when the said charge read over and explained to him. So, the trial was proceeded further, during which, PWs.1 to 6 were examined and Exts.P1 to P3 were marked and M.Os.1 to 3 were identified. Finally, the learned Judge has found the case in favour of the prosecution and held that the accused has committed the offence under section 55(i) of the Abkari Act and accordingly he is sentenced to undergo rigorous imprisonment for 3= yea