K. Ramakrishnan, J.

The accused in S.C.No.330/2003 on the file of the Additional Sessions Judge, Fast Track-III, Thiruvananthpuram is the appellant herein.

2. The appellant was charge sheeted by the Additional Sub Inspector of Police, Thumba police station in Crime No.88/2001 under sections 55(a), (h) and section 8(1) of the Abkari Act.

3. The case of the prosecution in nutshell was that on 25.7.2001, at about 3.20 p.m. the accused was found to be in possession of 19¼ litres of arrack in a jerry can and a plastic bottle and engaged in the sale of the same and thereby he had committed the offence punishable under sections 55(a), (h) and 8(1) of the Abkari Act.

4. After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Thiruvananthapuram where it was taken on file as C.P.No.73/2002. After complying with the formalities, the learned Magistrate committed the case to the Sessions Court, Thiruvananthapuram. After committal, the case was taken on file as S.C. No. 330/2003 on the file of the Sessions Court, Thiruvananthapuram and later it was made over to the Additional Sessions Court, Adhoc-III, Thiruvananthapuram for disposal.

5. When the acc