JUDGMENT :

The accused in S.C.No.25/2006 on the file of the Additional Sessions Court (Adhoc II), Thodupuzha has filed this appeal, being aggrieved by judgment dated 24.05.2007, whereby he has been found guilty of offence punishable under Section 55(g) of the Abkari Act and has been sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.1,00,000/-and in default of payment of fine, to undergo rigorous imprisonment for a further period of 3 months.

2. According to the prosecution, on 29.10.2003 at about 7.00 a.m., the accused was found in a property alleged to be his own, situated in Pazhampillichal Kampi line Kara in Mannamkandam Village, in possession of 100 litres of wash and necessary utensils for distillation of arrack. The offence was detected by the Excise Inspector, Adimaly, who has been examined as PW4. The detecting officer seized the contraband articles, arrested the accused and registered a crime as Crime No.27/2003. After completion of investigation, final charge was laid before the Judicial First Class Magistrate Court, Adimaly and the learned Magistrate committed the case to the Court of Sessions, Thodupuzha. The case was taken on file in the Court of Sess