JUDGMENT :

Appellant was found guilty of possessing arrack. He was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000/-in default to undergo simple imprisonment for two years for the offence punishable under Section 8(1) and (2) of the Kerala Abkari Act [for short, 'the Act']. He challenges his conviction and sentence.

2. The prosecution case was that on 22.11.2001, the Sub Inspector of Police, Pathanamthitta Police Station received information that the accused was engaged in the sale of arrack at Vazhamuttam. On the basis of the aforesaid information, when the appellant proceeded towards the place, they found the accused sitting on a culvert on the side of vallikode-Vazhamuttam public road in possession of a black can having 5 litres capacity, containing two litres of arrack in it and holding a glass containing smell and sediments of arrack. The prosecution alleged that possession of liquor without authority being a contravention of Section 8(1), the accused had committed the offence punishable under Section 8(2) of the Act.

3. In order to prove the prosecution case, PWs 1 to 5 were examined and Exts.P1 to P8 were marked while materi