JUDGMENT

Aggrieved by the judgment dated 04.09.2008 passed by the Additional Sessions Court (Fast Track (Adhoc-II)), Kozhikode, in Sessions Case No.1047/2006, 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 one year and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 03.05.2004 at

2.00 p.m., the accused was found in possession of 1½ litres of arrack in a Can on the side of the Poyya- Pilassery road at Kunnamangalam 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 her for the offence punishable under Section 8(2) of the Abkari Act. The accused pleaded not guilty to the charge and therefore, she came to be tried by the trial Court for the aforesaid offence.

4. The prosecution examined PWs 1 to 5 and proved Exts. P1 to