J U D G M E N T

In this appeal filed under Section 374(2) Cr.P.C, the appellant who is the accused in S.C.No.1132/2012 on the file of the Sessions Court, Kasaragod, challenges the conviction entered and sentence passed against him for the offence punishable under Section 8 (2) of the Abkari Act , 1077 (the Act).

2. The prosecution case is that, on 09/07/2011 at 11:45 a.m, when PW1, the then Excise Circle Inspector, Hosdurg and party were on patrol duty, they found the accused transiting 4liters of arrack in a black can having a capacity of 5 liters. The place of occurrence is alleged to be in front of the DYFI bus waiting shed at Thekkeppallam, Ravaneshwaram Settlement Colony situated on the southern side of Chalinkal -Chamanikkunnu road. Hence the accused as per the final report, is alleged to have committed the offence punishable under Section 8 (2) of the Act.

3. Ext.P7 dated 09/07/2011 is the crime and occurrence report on the basis of which crime No.49/2011 of Hosdurg Excise Range was registered. PW1 is the detecting officer and PW2 is alleged to be the Preventive officer who had accompanied him. PW5, the then Excise Inspector, Excise Range, Hosdurg, completed the investigation