JUDGMENT

Dated this the 14th day of October 2020 The appellant is the accused in S.C.No.52/2001 on the file of the Additional District and Sessions Judge, (Adhoc) II, Kollam. The above case is chargesheeted by the Sub Inspector of Police, Kundara Police Station, alleging offences punishable under Section

8(1) of the Kerala Abkari Act .

2. The prosecution case is that on 13.1.2000 at 6.15 pm, the accused was found in possession of 7 litres of arrack in a 10 litre black cannas. Hence it is alleged that the accused committed the offence.

3. To substantiate the case the prosecution examined PW1 to PW6. Exts.P1 to P4 are the exhibits.

4. After going through the evidence and the documents, the trial court found that the accused committed the offence under Section 8 (2) of the Abkari Act. He is sentenced to undergo rigorous 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 rigorous imprisonment for one year. Aggrieved by the conviction and sentenced, this Criminal Appeal is filed.

5. Heard.

6. Admittedly, the investigation in this case is conducted by an Assistant Sub Inspector of Police. The Assistant Sub Inspector is