K. Ramakrishnan, J.

Accused in S.C. No.85/2002 on the file of the Assistant Sessions Judge, Pathanamthitta, is the appellant herein. The appellant was charge-sheeted by the Sub Inspector of Police, Thannithodu police station in Crime No.46/1999 of that police station under Section 8(1) read with Section 8(2) of Abkari Act.

2. The case of the prosecution in nut shell was that, on 14.07.1999 at about 05.30 p.m., the accused was found to be in possession of one liter of arrack in a 1 liter bottle with a glass on the southern court yard of Puthuparambil house with No.139/3 of Thannithodu Panchayath situated at Idakannam in Thannithodu Village in violation of the provisions of Abkari Act and thereby he had committed the offence punishable under Section 8(1) read with Section 8(2) of the Kerala Abkari Act.

3. After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Pathanamthitta, and the case was taken on file as C.P.No.73/1999. Thereafter it was committed to the Sessions Court, Pathanamthitta, by the learned magistrate under Section 209 of the Code of Criminal Procedure (hereinafter called the Code). After committal, the Sessions Court, Pa