K. Ramakrishnan, J.

1. The accused in S.C. No. 146/2005 on the file of the Additional Sessions Court (Adhoc)-I, Kottayam is the appellant herein. The appellant was charge sheeted by the Excise Inspector, Pala Excise Range in Crime No. 12/2003 of that excise range under S. 55(g) of the Abkari Act. The case of the prosecution in nutshell was that on 5.9.2003, at about 6 p.m., the accused was found to be in possession of 50 litres of wash and 450 ml of arrack in his house with No. XI/58 of Pala Municipality in violation of the provisions of the Abkari Act and thereby he had committed the above said offence.

2. After investigation, final report was filed before the Judicial First Class Magistrate Court, Pala, where it was taken on file as C.P. No. 10/2005. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court, Kottayam under S. 209of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). After committal, the Sessions Court took cognizance of the case as S.C. No. 146/2005 and the same was made over to the Additional Sessions Court (Adhoc)-I, Kottayam for disposal.

3. When the accused appeared before the court below,