JUDGMENT :

JOBIN SEBASTIAN, J.

1. The sole accused in S.C.No.595/2008, on the file of Additional District and Sessions Court (Fast Track Court-I), Pathanamthitta has preferred this appeal challenging the judgment of conviction and order of sentence passed against him for the offence punishable under Section 8(2) r/w 8(1) of the Abkari Act .

2. The prosecution allegation in brief is that, on 22.04.2003, at 10.00 a.m., the accused was found in possession of 4.5 litres of arrack kept in a 5 litre can for the purpose of sale in contravention of the provisions of the Abkari Act , and thereby committed an offence punishable under Section 8(2) r/w 8(1) of the Abkari Act .

3. Upon conclusion of the investigation, the final report was laid before the Judicial First Class Magistrate Court, Adoor. Being satisfied that the case is one exclusively triable by a court of Session, the learne