JUDGMENT

This appeal is filed challenging the conviction and the sentence imposed on the appellant in S.C No.1099/2005 on the file of the Additional Sessions Judge, Fast Track Court No.II, Palakkad. The appellant, who was the sole accused, was charged with the commission of offences punishable under Section 55 (a) r/w Section 8 (2) of the Abkari Act . Following trial, the appellant/accused was convicted, as charged. After hearing on the question of sentence and taking a lenient view on account of the age of the accused and family circumstances, a sentence of simple imprisonment for one year with a fine of Rs.1,00,000/- and in default of payment of fine, a further period of simple imprisonment for three months was imposed under Section 55 (a) r/w 8(2) of the .

2. The case of the prosecution as that on 21.8.2004, at about 10.20 pm., the accused was found in possession of 4 litres of illicit arrack in a plastic can at Thrippalur-Kunissery Public Road, Narippotta, Kunissery Amsom of Alathur Taluk.

3. The prosecution adduced evidence through PWs 1 to 6 and by marking Exts.P1 to P8. The plastic can in which the arrack was allegedly carried was also identified and marked as MO1. Following