The appellant is the accused in S.C.No.157/2005 on the file of the Additional Sessions Court (Ad hoc-II), Kalpetta for an offence punishable under Section 58 of the Kerala Abkari Act ('the Act' for short).

2. The prosecution allegation is that on 25.09.2002, at about 20.50 hours, the appellant was found in possession of 1½ litres of illicit arrack, in contravention of the Act and Rules, on the side of the road, deviating from Nedumbala-Koleri public road and thereby committed the above said offence.

3. The learned Sessions Judge, as per judgment dated 14.09.2007 found him guilty of the offences, convicted and sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1 lakh and in default of payment of fine, to undergo imprisonment for three months. Aggrieved by the judgment of the court below, this appeal has been preferred.

4. According to the appellant, the lower court ought not to have relied on the false and interested testimony of the prosecution witnesses. The appellant was not in actual possession of the seized articles, which were found in an abandoned state. The appellant was falsely implicated in the case. The lower court ought t