JUDGMENT :

1. The sole accused in S.C. No.421/2012 on the files of the Additional Sessions Court-II, Thalassery, has come up in appeal challenging the conviction and sentence imposed by the learned Sessions Judge as per the judgment dated 07.08.2014. The State of Kerala, represented by the Public Prosecutor is arrayed as the sole respondent herein.

2. Heard the learned counsel for the appellant as well as the learned Public Prosecutor, in detail. Perused the verdict under challenge and the records of the trial court.

3. In a nutshell, the prosecution case is that, at about 05.25 p.m. on 21.10.2009, the accused was found in possession of 2.5 litre of Arrack infront of the shop situated near Kurumpamoozhi Junction of Kollamula Village, against the prohibitions contained in the Kerala Abkari Act and thereby committed the offence punishable under Section 8(1) read with 8(2) of the Kerala Abkari Act. The case was charge sheeted by the Excise Inspector, Ranny Range Office.

4. Initially, the case was committed to the Sessions Court and later made over to the Additional District and Sessions Court-II for hearing and disposal.

5. After, framing charge for the offence under Section 8(1) read with