JUDGMENT

Aggrieved by the judgment dated 02.09.2008, passed by the Additional District and Sessions Court, Fast Track (Adhoc-II), Kozhikode, in Sessions Case No.959/2006, 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 18.10.2005 at

5.45 p.m., the appellant/accused was found in possession of 500 ml of arrack in a bottle in the courtyard of his residence No.VII/2011 in Koodaranhi panchayath 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 . 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