The sole accused in Sessions Case No.227/2001 of the Additional District and Sessions Court, Fast Track,(Adhoc II), Kozhikode for the offence punishable under Section 55(a) of the Abkari Act challenges the conviction and sentence.

2. The prosecution allegation was that on 17/2/2000, at about 6.30. a.m., while the C.I.of Balussery police station, along with the patrolling party, was on their regular patrolling duty, they reached the place of incident and intercepted the accused who was carrying a 10 liter plastic can. The accused was intercepted, searched and it was found that the can contained illicit arrack. After the initial formalities, he was arrested at the spot and later produced before the learned Magistrate. After completion of the investigation, the final report was laid and the accused faced trial before the Sessions Court.

3. To substantiate the prosecution allegation, PWs1 to 4 were examined and Exhibits P1 to P8 were marked. The accused pleaded not guilty and tendered the defence witness, examined as DW1. The court below, on an evaluation of the available materials, concluded that the accused was guilty under Section 55(a) of the Abkari Act, convicted and sente