JUDGMENT

Convict No.1877, Mohanan of Central Prison, Thiruvananthapuram is the appellant. He stood indicted for offence under Section 58 of the Abkari Act for having been found at about 8.00 p.m on 03/02/99 possessing MO1 black jerry can of five litre capacity filled with arrack at the Channel road leading from Vatyakkala junction to Ponamkodu in Venpakal desom, Athiyannoor Village in Neyyattinkara taluk by PW3 and excise party accompanying him. On the basis of seizure effected by PW3 along with Excise party consisting of PWs.2 and 7, he submitted before PW4 report in that behalf along with seizure mahazar, arrest memo etc. and on the basis thereof PW4 registered the case drawing up Ext.P6 crime and occurrence report in that behalf. PW5 conducted investigation in the case and on completion of the investigation, he submitted Final Report in the case before the Judicial First Class Magistrate's Court-I, Neyyattinkara. The learned Magistrate vide proceedings in C.P.45/01 committed the case to the Sessions Division, Thiruvananthapuram from where the case was made over to the Additional Sessions Court for trial of Abkari Act cases at Neyyattinkara.

2. The learned Additional Sessions Judg