JUDGMENT :

A. Badharudeen, J.

The sole accused in S.C. No.422/2007 on the files of the Additional Sessions Court, Thrissur, has filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the conviction and sentence imposed by the Additional Sessions Judge, as per the judgment dated 16.12.2008. 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, on 21.07.2004 while the Excise Inspector and Party were on patrol duty at Muriyad-Kappara Road, the accused was found in possession of can with 5 Litre of arrack in front of the house of one Raghavan Nair, 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, Irinjalakuda Range Office.

4. After, framing charge for the offence under Sections 8(1) read with 8(2) of the Kerala Abkari Act, the