JUDGMENT :

The above appeal is filed by the accused in Sessions Case No.306 of 2003 on the file of the Additional Sessions Judge, Fast Track Court-I (Adhoc), Manjeri. The appellant was charge sheeted by the Excise Range Office, Tirur, alleging offence punishable under Section 55(a) of the Abkari Act.

2. The prosecution case is that on 10.10.2001, at 5.30 P.M., the accused was found lifting a cannas containing 20 litres of illicit arrack out of a pond in the property of one Parambil Moideenkutty. It is also the prosecution case that another cannas containing 7 litres were found out from the pond as concealed by the accused and therefore, the accused committed the offence.

3. To substantiate the case, the prosecution examined PW1 to PW7. Exts.P1 to P10 were marked on the side of the prosecution. MO1 and MO2 are the material objects.

4. After going through the evidence and the documents, the trial court found that the accused committed the offence under Section 55(a) of the Abkari Act. He is sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,00,000/-. In default of payment of fine, he was directed to undergo simple imprisonment for three years. Aggrieved b