ORDER :

(A. BADHARUDEEN, J.)

1. Challenging the conviction and sentence dated 13.12.2013 imposed against the accused finding him guilty of the offence punishable under Section 8(2) of the Kerala Abkari Act (hereinafter referred to as `Abkari Act’ for easy reference) in S.C. No.791 of 2012 on the files of Additional Sessions Court-II, Kasaragode, the accused has come up in appeal arraying State as the respondent.

2. I shall refer the parties in the appeal as `prosecution’ and `accused’ hereinafter for easy reference.

3. The prosecution case is that at about 4 p.m on 13.02.2007, the accused was found in possession of 50 packets of arrack of 100 ml each along the road which leads from Kaikamba to Bayarpadavu carrying a bag, while the Excise Inspector, Excise Range Office, Kumbala, was on patrol duty. When the accused was found perplexed, he was questioned and accordingly the said contraband was taken into custody and crime was registered alleging commission of the offence punishable under Section 8(2) of the Abkari Act.

4. On committal of the case before Sessions Court, Kasaragod, it was made out to the Additional Sessions Court-II, Kasaragod, and the Additional Sessions Court-II tried the