JUDGMENT :

Aggrieved by the judgment dated 11.8.2006, passed by the learned Additional Sessions Judge, (Adhoc)-II, Thodupuzha, in Sessions Case No.355 of 2005, the accused has preferred this appeal. The trial court convicted the accused for the offence punishable under Section 8(2) of the Kerala Abkari Act.

2. The prosecution case is that on 30.11.2003, at about 03.00 P.M., the accused was found in possession of nine litres of illicit arrack in a can having a capacity of ten litres, concealed in his landed property at Kanakakkunnu Kara in Vathikkudy Village in Idukki District.

3. After completion of investigation, final report was submitted against the accused for the offence punishable under Section 8(2) of the Kerala Abkari Act before the Judicial First Class Magistrate Court, Idukki. The case was committed to the Sessions Court, Thodupuzha, from where it was made over to the trial court. On appearance of the accused, charges were framed against him for the offences punishable under Sections 55(a) and 8(2) of the Abkari Act. He pleaded not guilty and therefore, he came to be tried by the trial court for the abovesaid offences.

4. The evidence for the prosecution consists of the oral