JUDGMENT :

Johnson John, J.

The appellant, who is the accused in S.C No.254 of 2002 on the file of the Additional Sessions Judge (Abkari Cases), Kottarakkara is challenging the conviction and sentence imposed on him for the offence punishable under Section 55(a) of the Kerala Abkari Act (for short 'the Act').

2. As per the impugned judgment dated 03-04-2007, the appellant was convicted and sentenced to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.1,00,000/-and in default of payment of fine to undergo Rigorous Imprisonment for three months for the offence under Section 55(a) of the Act.

3. The prosecution case is that on 28-10-2000 at 2.30 p.m., the accused was found keeping 4 litres of arrack in a 10 litre can on a slab on the southern courtyard of Shaji Mandiram House, near Vencose Junction in Veliyam Village. The offence was detected by the Assistant Sub Inspector of Pooyappally Police Station and party.

4. The trial court, after framing charge, examined PWs'1 to 5 and marked Exts.P1 to P5 and MOs' 1 and 2 from the side of the prosecution and no evidence was adduced from the side of the defence.

5. After trial and after hearing both sides, the learned Additional