JUDGMENT

Appellant is the accused in S.C.No.447/2001 of Thalassery Sessions Division, who faced trial for offence punishable under Section 55(a) of the Abkari Act. By the impugned judgment, the Assistant Sessions Judge, Payyannur found him guilty and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1 lakh, in default to undergo simple imprisonment for one year. That finding is under challenge in this appeal preferred under Section 374(2) of the Code of Criminal Procedure, in short 'Cr.P.C.'.

2. The prosecution allegation is that on 21.02.2001 at about

21.00 hours, the Sub Inspector, Payangadi police station and party found him possessing 10 ltrs. of arrack in a plastic can on the courtyard to his house bearing No.C-VII/526 at Kallakkamthodu in Kadannappally amsom. After seizing the item and arresting the appellant, Crime 48/2001 of that police station was registered. On completion of investigation the charge sheet was laid before the Judicial First Class Magistrate, Payyannur, where the case was taken on file as C.P.36/2001. After completing the procedural formalities, the learned Magistrate committed the case to the Sessions Court, Thalassery, from