JUDGMENT

This Crl.Appeal is filed against the conviction and sentence imposed on the appellant as per judgment dated 21.11.2007 in SC No.1270 of 2002 on the file of the Additional Sessions Judge (Abkari cases) Kottarakkara. The above case is charge sheeted against the appellant alleging offences punishable under Section 55(a) and (i) of the Abkari Act.

2. The prosecution case is that on 26.11.1999 at 5.30 pm, the accused was in possession and engaged in the sale of 1 1/2 litres of arrack in a 2 1/2 litre black can by standing on the nadavarambu of Nalloottu paddy feilds on the eastern side of Mangalasseri house, Kottavattom which was detected by CW5 the Sub Inspector of Police, Kunnicodu and his party. CW5 has seized the contraband articles, arrested the accused, registered Crime No.342/99 of Kunnicodu Police Station, conducted the investigation and laid the charge.

3. To substantiate the case, the prosecution examined PW1 to PW5. Exts.P1 to P6 were marked on the side of the prosecution. MO1 is the material object. One witness was examined on the side of the defence as DW1. After going through the evidence and the documents the trial court found that the accused committed the offence