P.D. RAJAN, J.

1. This appeal is preferred by the accused against the conviction and sentence in S.C. No. 1009/2002 of Additional District and Sessions Judge, Fast Track (Adhoc) No. II, Thiruvananthapuram u/s. 55(a) of the Abkari Act. The charge against the appellant is that on 23.7.2000 at 3.45 p.m., the appellant was found in possession of 4½ litres of arrack at Mavarthalakonam by the Assistant Sub Inspector of Police, Medical College Police Station. He was arrested and the contraband articles were seized, after preparing a mahazar, reaching at the Police Station, he registered a crime. After completing investigation, Sub Inspector of Police, Medical College laid charge before additional Chief Judicial Magistrate, Thiruvananthapuram. Subsequently, it was committed to Sessions Court, Thiruvananthapupram from there it was made over to Additional Sessions Court, Fast Track Court-II.

2. During trial, prosecution examined five witnesses and marked Exts.P1 to P7. MO1 to MO3 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He examined DW1. The learned Additional Sessions Judge convicted h