JUDGMENT

Dated this the 26th day of March 2021 The accused in S.C.No.1023/2005 on the file of the Additional Sessions Court, Adhoc 1, Thalassery has filed this appeal being aggrieved by the judgment dated 12.11.2007, whereby he has been found guilty of offence punishable under Section 58 of the Abkari Act and sentenced to undergo simple imprisonment for a period of 3 months and to pay a fine of ₹1,00,000/- and in default of payment of fine to undergo simple imprisonment for a further period of 15 days.

2. The case of the prosecution is that on

27.01.2004 at about 5.15 p.m., the accused was found in possession of 5 litres of arrack. The prosecution examined PW1 to PW4 and produced and marked Exts.P1 to P8, before the court below. The material objects were not placed before the court. The court below on the basis of the evidence on record found the accused guilty of the offence charged and imposed on him the sentence referred above.

3. Heard Sri.Cibi Thomas, learned counsel on behalf of the appellant and Smt.S.L.Sylaja, learned Public Prosecutor on behalf of the respondents.

4. The counsel for the appellant submits that there are several infirmities in the prosecution case. Firstly, he p