The sole accused who stands convicted for offence punishable under Section 55(a) of the Abkari Act, by judgment dated 24.07.2009 in S.C.No.1407 of 2002 of the Additional Sessions Court (Abkari Cases), Kottarakkara is the appellant herein.

2. The prosecution case is that on 30.04.2000 at about 10.30a.m., the accused was intercepted with a can containing 19 litres of toddy mixed with spirit along with a drinking glass allegedly for the purpose of sale. After drawing samples from it and preparing contemporaneous documents, he was arrested and crime registered. He was produced before the magistrate court. After completion of investigation, a crime was registered and the final report was laid for offences punishable under Section 55(a) and 55(i) of the Abkari Act. Before the learned Sessions Judge, the accused pleaded not guilty and faced the trial. On the side of the prosecution, PWs.1 to 4 were examined and Exts.P1 to P5 were marked. MO1 was identified. On the side of the accused, DW1 was examined.

3. The court below, on an evaluation of all available inputs concluded that the accused is guilty, convicted and sentenced him to undergo simple imprisonment for one year and to pay