JUDGMENT :

The appellant, who is the accused in S.C. No. 856 of 2003 on the file of Additional District and Sessions Judge, Fast Track (Adhoc), Mavelikkara, is challenging the conviction and sentence imposed on him for the offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act.

2. As per the impugned judgment dated 15.10.2007, the accused was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,00,000/- for the offence punishable under Sections 8(1) and (2) of the Kerala Abkari Act.

3. The prosecution case is that on 17.12.1999, at 12.10. p.m., the accused was found in possession of 500 ml. of illicit arrack in a plastic can on the side of the road at Budhanoor Kurisummoodu junction.

4. The offence was detected by the Excise Inspector and party while on patrol duty and after completing investigation, a final report was filed before Judicial First Class Magistrate-II, Chengannur. Thereafter, the case was committed to the Court of Sessions, Alappuzha and subsequently made over to the Assistant Sessions Court, Mavelikkara. Thereafter, it was transferred to the Fast Track Court, Mavelikkara.

5. The trial court, af