JUDGMENT :

Challenge in this appeal is to the judgment dated 13.10.2006, passed by the Additional Sessions Judge (Adhoc) II, Thodupuzha, in S.C.No.364/2004. By the impugned judgment, the appellant/accused has been convicted of the offence punishable under Section 55(g) of the Abkari Act.

2. The prosecution case is that on 15.8.2002, at 6.45 pm., the accused was found in possession of 5 litres of wash in his house bearing No.UP 1/560 situated at Udumpannoor. The Sub Inspector of Police, Karimannoor Police Station detected the offence.

3. After completion of investigation, final report was submitted against the accused for the offence punishable under Section 55(g) of the Abkari Act before the Judicial First Class Magistrate Court I, Thodupuzha. The case was committed to the Sessions Court, Thodupuzha from where it was made over to the Additional Sessions Court (Adhoc) II, Thodupuzha. On appearance of the accused, charge was framed against him for the offence punishable under Section 55(g) of the Abkari Act. The accused pleaded not guilty and therefore, he came to be tried by the trial court for the aforesaid offence.

4. The evidence for the prosecution consists of the oral evidence of P