JUDGMENT

Dated this the 26th day of August, 2021 Appellant was the accused in S.C. No.241 of 2012 on the files of the Sessions Court, Palakkad. By the judgment under challenge, the appellant was found guilty for the offence under sections 8(1) and 8(2) of the Abkari Act and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for three months.

2. The prosecution case, as is seen from the judgment under challenge, is that on 22.9.2011 at 17.45 hours the accused was found in possession and transporting 5 litres of illicit arrack at Appupadi-Peruvakkadavath public road, in front of his house and thereby committed the offence as alleged.

3. After investigation and filing of final report, the learned Judicial First Class Magistrate, Ottapalam found that the offence involved is triable exclusively by the court of Session and hence committed the same for trial to the Sessions Court, Kozhikode.

4. Prosecution examined PWs 1 to 4 and marked Ext.P1 to Ext.P10. The glass seized from the accused was marked as MO1.

After analyzing the evidence adduced, the learned Sessions Judge found the accused guilty and sentenc