P.D. Rajan, J.

This appeal is directed against the conviction in S.C. No. 407/2003 of the Additional District and Sessions Judge (Adhoc) Court-I, Pathanamthitta under section 8(1) and (2) of the Abkari Act. The charge against the accused is that on 11.7.2001 at 6.10 p.m., the accused was found in possession of two litres of arrack by the side of the road near Elanthottam junction in Kottangal-Padimon public road. The appellant was arrested and seized the arrack, thereafter registered a case. The investigation was conducted by the Sub Inspector of Police, Keezhvaipure, subsequently Sub Inspector of Police, Perumpetty laid charge before Judicial First Class Magistrate Court, Thiruvalla, from there it was committed to Sessions Court, Pathanamthitta.

2. During trial, prosecution examined six witnesses and marked Exts.P1 to P9 as documentary evidence. MO1 and MO2 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He did not adduce any defence evidence. The learned Additional Sessions Judge convicted him and sentenced to rigorous imprisonment for two years and fine of 1 lakh, in default simp