IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 12^TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946 CRL.A NO. 67 OF 2008 AGAINST THE ORDER/JUDGMENT DATED 14.12.2007 IN SC NO.147 OF 2004 OF ADDITIONAL DISTRICT COURT (ADHOC), MAVELIKKARA APPELLANT/ACCUSED:

KUTTAPPAN KOLLAMTHARA COLONY MUTHAVAZHI MURI, PANDANADU VILLAGE, CHENGANNUR TALUK.

BY ADVS.

SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT/COMPLAINANT:

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

SRI.G.SUDHEER, GP THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Aggrieved by the judgment dated 14.12.2007, passed by the Additional District and Sessions Judge, Fast Track (Adhoc), Mavelikkara in S.C.No.147/2004, the appellant/accused has preferred this appeal. The appellant was convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of threee years and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 09.02.2002 at about 5.30 p.m, the accused was found in possession of 1 litre of arrack in a plastic bottle in front of the house of