JUDGMENT :

Judgment in S.C.No.194/2009 on the file of the Additional Sessions Judge II, Kalpetta dated 22.04.2014 is under challenge in this appeal at the instance of the sole accused where State of Kerala is the respondent.

2. Briefly spelt, the prosecution case is that on 10.09.2008 at about 10.15 a.m the accused was found in possession of 3 litre of arrack while transporting the same in a can having capacity of 5 litre on the macadam road near Millumukku junction. The accused was arrested and the contraband was taken into custody. Thereafter alleging commission of offence under Section 8(1) read with 8(2) of the Abkari Act was registered and on investigation, final report filed before the Chief Judicial Magistrate, Kalpetta. Thereafter, the case was committed to the Court of Sessions and then made over to the Additional Sessions Court II, Kalpetta for trial and disposal.

3. The trial Judge after framing charge, tried the matter. PW1 to PW6 examined and Exts.P1 to P6 and MO1 were marked on the side of the prosecution.

4. Thereafter, the accused was examined under Section 313(1)(b) of Cr.P.C and the incriminating circumstances in the evidence were read over and explained to the accuse