JUDGMENT

The appellant is the accused in S.C. No.809/2006 on the file of Additional Sessions Court (Adhoc-III), Kollam. The aforesaid case arises from Crime No.44/2004 of Sasthamkotta Excise Range office which was registered for the offences punishable under Section 8(2) of Abkari Act.

2. The prosecution case is that, on 20.04.2004 at about

6.30 p.m. the accused was found carrying 5 litres of arrack in a white plastic can along the road leading from Plamukku to Kaleekkalethu Mukku. The crime was registered on the basis of the same. The appellant was arrested from the spot and the articles were seized. On the basis of the same, Excise Inspector, Kunnathoor registered the case and after completing the investigation thereof, final report was submitted before the Judicial First Class Magistrate Court, Sasthamcotta where it was taken into file as C.P. No.130/2005. After completing the legal formalities, the matter was committed to the Sessions Court, Kollam. Later the same was made over to Additional Sessions Court, Adhoc III, Kollam where it was tried as S.C. No.809/2006.

3. In support of the prosecution case, PWs 1 to 6 were examined. Exts.P1 to P9 were marked and MO1 was identified. Afte