JUDGMENT

This Criminal Appeal is filed against the conviction and sentence imposed on the appellant as per the judgment dated 29.11.2006 in SC No. 758/2005 on the file of the Addl.Sessions Judge, Fast Track-II, Alappuzha. The above case is chargesheeted against the appellant alleging offences punishable under Secs. 8(1) & (2) of the Abkari Act.

2. The case against the accused in short is that on

2.9.2003 at 8.30 am, he was found possessing arrack in MO1 kannas at the place of occurrence on the panchayat road in front of the house of one Uthaman of Vinod Bhavanam in Muthukulam North muri in Muthukulam Panchayat and thereby committed the offences as alleged against him.

3. To substantiate the case, the prosecution examined PW1 to PW5. Exts.P1 to P7 are the exhibits. MO1 is the material object. After going through the evidence and documents, the trial court found that the accused committed the offences under Secs. 8(1) and (2) of the Abkari Act. He was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,00,000/- (Rupees One Lakh only). In default of payment of fine, the accused is directed to undergo simple imprisonment for a period of two months. A