IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 7^TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 CRL.A NO. 2736 OF 2009 AGAINST THE ORDER/JUDGMENT DATED 19.11.2009 IN SC NO.36 OF 2008 OF ADDITIONAL DISTRICT COURT (ADHOC), THODUPUZHA APPELLANT:

KADAKKARA,S/O.MUTHUVEERAN AGED 52 YEARS, PGP V/52, POWER HOUSE, DIVISION, ATTUKAD KARA, PALLIVASAL ESTATE, PALLIVASAL VILLAGE.

BY ADVS.

T.G.SUNIL (PRANAVAM)

J.OM PRAKASH C.X.ANTONY BENEDICT RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

SRI.G.SUDHEER, PP THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Aggrieved by the judgment dated 19.11.2009, passed by the

3^rd Additional Sessions Judge (Adhoc-I), Thodupuzha in S.C.No.36/2008, the appellant/accused has preferred this appeal. The appellant was convicted under Section 8 (2) of the Abkari Act and sentenced to undergo simple imprisonment for a term of two years and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 13.06.2006 at about 4.30 p.m, the accused was found in possession of 950 ml of arrack for the purpose of sale at a place