JUDGMENT

Aggrieved by the judgment dated 22.07.2011, passed by the Additional Sessions Court-III (Fast Track, Adhoc), Palakkad in Sessions Case No.99 of 2010, accused No.1 has preferred this appeal. Accused No.2 was acquitted and the appellant/accused No.1 was convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of two years and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 25.01.2007 at 10.20 a.m., accused No.1 was found in possession of about 7 litres of arrack at Beevipadi in violation of the provisions of the Abkari Act. Accused No.2 had entrusted the arrack for sale with accused No.1.

3. After completing the investigation, final report was submitted against the accused for the offence punishable under Section 8(2) of the Abkari Act before the jurisdictional Magistrate. The case was committed to the Sessions Court from where it was made over to the trial Court. On the appearance of the accused charge was framed against them for the offence punishable under Section 8(2) of the Abkari Act. They pleaded not guilty to the charges and therefore, they came to be tried by the trial Court for the aforesaid offences.

4. The