JUDGMENT

Dated this the 9th day of December 2020 ..

The appellant is the accused in S.C.No.891 of

2005 on the file of the Additional Sessions Judge, Fast Track Court No.II, Palakkad.

2. The above case is charge sheeted by the Excise Inspector, Kollengode Excise Range against the appellant alleging offences under Sections 55 (a) r/w.

Section 8 (2) of the Abkari Act .

3. The prosecution case is that, on 23.8.2004 at about 10.20 p.m. the accused was found transporting 5 litres of illicit arrack in a 10 litre cannas in TVS-50 XL bearing registration No.KL 9 L 5043 for the purpose of sale at Pailoor Elavancherry road in Pailoor Desom, Kollengode II Village in violation of the provisions of the Abkari Act .

4. To substantiate the case, the prosecution examined PW1 to PW7. MO1 is the material object.

5. After going through the evidence and documents, the trial court found that, the accused committed the offence under Section 55 (a) r/w. Section 8 (2) of the Abkari Act . The accused is sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.1 lakh. In default of payment of fine, the accused is directed to undergo simple imprisonment for four months.

6. Aggrieved by the ab