JUDGMENT :

JOHNSON JOHN, J.

The appellant, who is the accused in S.C. No. 346 of 2013 on the file of the Additional Sessions Judge-IV, Thodupuzha, is challenging the conviction and sentence imposed on him for the offences punishable under Sections 55(g) and 8(1) r/w 8(2) of the Abkari Act.

2. The prosecution case is that on 25.03.2011, at about 5 p.m., the Excise Inspector and party searched the house and premises of the accused at Kannampady in Peermedu Taluk and from the property adjacent to the house, they recovered 125 litres of wash and utensils for manufacturing arrack and they also recovered 5 litres of arrack in a white can from a pit in the said property.

3. After investigation, final report was filed against the accused for the offences punishable under Sections 55(a) and (i) and 8(1) r/w 8(2) of the Abkari Act.

4. On appearance of the accused before the trial court, charge was framed for the offences under Sections 55(g) and 8(1) r/w 8(2) of the Abkari Act. When the accused pleaded not guilty to the charge, the prosecution examined PWs 1 to 6 and marked Exhibits P1 to P9 and MOs 1 to 7. No evidence was adduced from the side of the accused.

5. After trial and hearing both sides