JUDGMENT :

JOBIN SEBASTIAN, J.

The sole accused in S.C.No.229/2013, on the file of Additional Sessions Court-IV, Kottayam has preferred this appeal challenging the judgment of conviction and order of sentence passed against him in the said case for an offence punishable under Section 8(1) r/w 8(2) of the Kerala Abkari Act.

2. The prosecution allegation in brief is that, on 10.03.2012, at 11.30 p.m., the accused possessed 10 litres of arrack in a white plastic can and transported it in an autorickshaw bearing Registration No.KL37/6213 for the purpose of sale in violation 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. On completion of the investigation, the final report was submitted before the Judicial First Class Magistrate Court-I, Kanjirappally. On being satisfied that the said case is one exclusively triable