B. Kemal Pasha, J.

1. Appellant is the accused in SC No. 236/2006 of the Additional Sessions Court, Ad hoc-I, Pathanamthitta, who stands convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of ` 1 lakh, in default to undergo rigorous imprisonment for six months. The prosecution case is that on 26/03/2002 at 1.30 p.m., the accused was found in possession of 2.5 litres of rectified spirit, in contravention of the provisions of the Abkari Act. The offence was detected by CW 1 Excise Inspector attached to the Excise Enforcement and Anti-Narcotic Special Squad, Pathanamthitta. He seized the contraband through Ext. P1 mahazar. Two samples were drawn. The accused was placed under arrest through Ext. P2 arrest memo. CW 1 produced the accused along with the properties, samples and records at the Excise Office, Pathanamthitta. PW 5 Excise Inspector registered crime No. 7/2002 under Section 8(1) and 8(2) of the Abkari Act through Ext. P4 crime and occurrence report. He produced the accused, as well as the contraband and samples before Court on the same day along with Ext. P6 property list and forwarding note. PW 6