Appeal filed under Section 374(2) of the Code of Criminal Procedure (for short, "Cr.P.C.").

2. Accused who stood a trial for an offence under Section 55(a) of the Abkari Act (for short, "Act") in S.C.No.345 of 2004 before the Additional Sessions Court, Fast Track - I, Palakkad is the appellant. He was convicted for the said offence and sentenced to undergo simple imprisonment for one year and to pay a fine of `1,00,000/-.

3. Prosecution case, in brief, is that at about 6.30 p.m. on 18.06.2000, the appellant/accused was found possessing five litres of arrack at the place of occurrence and he was apprehended with the contraband. The offence was detected by the Circle Inspector of Police. After completing the formalities, a crime was registered and he was produced before the learned Judicial First Class Magistrate, Chittur.

4. Evidence in the case consists of testimony of PWs 1 to 6 and Exts.P1 to P7 on the side of prosecution. No material objects were marked in this case. No defence evidence was adduced.

5. Heard the learned counsel for the appellant and the learned Public Prosecutor.

6. Learned Additional Sessions Judge mainly relied on the testimony of PWs 1 and 2 to find the