K. Thankappan, J.

1. The appellant, the accused in SC No. 351/1999 on the file of the Additional District and Sessions Judge Fast Track (Ad hoc I), Kozhikode, faced trial for an offence punishable under S.55(a) of the Abkari Act on the allegation that he was found in possession of one litre of arrack on 16/08/1997 at a place called Kothankal. To prove the case against the appellant, prosecution examined six witnesses and relied on Exts. P1 to P9. MO 1 black cannas was also produced. After closing the prosecution evidence, the appellant was questioned under S.313 of the Code. He denied the prosecution charge and had stated that he is innocent. The Trial Court relied on the evidence of PWs 3 to 5, the official witnesses, and Ext. P8 chemical report and found the appellant guilty under S.55(a) of the Abkari Act and convicted him thereunder and sentenced to undergo R.I for two years and a fine of Rs.One lakh with default sentence of payment of fine to undergo S.I for a further period of nine months. Benefits under S.428 of CrPC was also allowed. The judgment of the Trial Court is challenged in this appeal.

2. This Court heard the learned counsel appearing for the appellant in det