Aggrieved by the judgment dated 05.05.2009, passed by the Additional Sessions Court (Abkari Cases), Kottarakkara in S.C. No. 164/2002, the accused has preferred this appeal. The appellant was convicted under Section 55 (g) of the Abkari Act and sentenced to undergo simple imprisonment for a term of six months and pay a fine of Rs. 1 Lakh.

2. The prosecution case is that on 30.01.1999 at 01.45 p.m, the appellant was found in possession of 40 litres of wash at Moongodu in Alayamon village in violation of the provisions of the Abkari Act.

3. After completing the investigation, final report was submitted against the accused for the offence punishable under Section 55(g) of the Abkari Act before the Jurisdictional Magistrate. The case was committed to the Sessions Court, from where it was made over to the Trial Court. On the appearance of the accused, charge was framed against him for the offence punishable under Section 55(g) of the Abkari Act. The accused pleaded not guilty to the charge, and therefore, he came to be tried by the Trial Court for the aforesaid offence.

4. The prosecution examined PWs 1 and 2 and proved Exts.P1 to P7 and MO1.

5. After the closure of the prosecution