JUDGMENT :

Aggrieved by the judgment dated 25.07.2007 passed by the learned Additional Sessions Judge for Trial of Abkari Act Cases, Neyyattinkara in S.C.No.1850 of 2001, the accused has preferred this appeal.

2. The accused has been convicted of the offence under Section 58 of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of two years and to pay a fine of Rs.1,00,000/- by the impugned judgment.

3. On 25.07.1999, at about 06.00 p.m., the Sub Inspector of Police, Parassala Police Station (PW5), found the accused carrying a 5-liter jerry-can at Parasuvaikkam. PW5 inspected the can in possession of the accused and ascertained that it contained 4 litres of illicit arrack. The accused was also holding a glass tumbler. PW5 seized the contraband substance from the possession of the accused and arrested him. PW5 registered FIR.No.174 of 1999 of Parassala Police Station against the accused, alleging offence punishable under Section 58 of the Abkari Act. After completion of the investigation, the final report was submitted before the Judicial First Class Magistrate Court-II, Neyyattinkara.

4. The case was committed to the Sessions Court, Thiruvananthapuram, from where