J U D G M E N T

The sole accused in S.C.No.959/2009 on the file of the Sessions Court, Thrissur, being aggrieved by the conviction and sentence imposed against him, as per judgment dated 12.01.2015, has preferred this appeal under Section 374 of the Code of Criminal Procedure. The respondent herein is the State of Kerala represented by the Public Prosecutor.

2. Heard the learned counsel for the appellant as well as the learned Public Prosecutor.

3. Shown off unnecessary details, the allegation of the prosecution is that on 16.10.2007 at about 1.30 pm while the Excise Preventive Officer attached to Excise Circle Office, Irinjalakuda and his party were on patrol duty, on suspicion, when the accused was intercepted, it was found that he had possessed 2 litres of arrack in a can against the prohibitions contained in the Kerala Abkari Act . The accused was arrested and contraband taken into custody. Crime was registered alleging commission of offence under Section 8 (1) and 8(2) of the .

4. On investigation, final report filed before the Jurisdictional Magistrate and, in turn, the case was committed to the Court of Sessions for trial and disposal. The 3rd Additional Sessions Judge tried t