JUDGMENT

Aggrieved by the judgment dated 01.07.2008, passed by the Additional Sessions Court, Fast Track (Adhoc -II), Kozhikode, in Sessions Case No.53/2005 the accused has preferred this appeal. The appellant/accused was convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of 1 year and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 21.12.2002, at

2.10 pm, the appellant/accused was found in possession of 5 litres of arrack on the Vellimadukunnu- Puliyamkodekunnu road at Chelvaur, Kozhikode Taluk, in violation of the provisions of the Abkari Act.

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 him for the offence punishable under Section 8(2) of the Abkari Act. The accused pleaded not guilty to the charge and therefore he came to be tried by the trial Court for the aforesaid offence.

4. The prosecution examined PWs. 1 to 4 and proved E