JUDGMENT

Aggrieved by the judgment dated 29.08.2006, passed by the Assistant Sessions Court, Kollam in Sessions Case No.1128/2003 the accused has preferred this appeal. The appellant/accused was convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of two years and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 05.01.1998 at about 5.30 p.m., the accused was found in possession of 4 litres of arrack at Kunnathoor, 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 8(2) 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 8 (2) 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 6 and proved Exts.

P1 to P4 and MOs 1 and 2.

5. After the closure of the evidence on behalf of the p