J U D G M E N T

Appellant is the 1 st accused in S.C. No.215/2005 on the file of the Additional Sessions Judge, (Fast Track Court No.II-Adhoc), Thrissur. The above case is charge sheeted against the appellant alleging offence punishable under Section 8(2) of the Abkari Act.

2. The prosecution case is that, on 05-09-2003 at about

7.45 p.m., the 1 st accused was found in possession of 10 litres of arrack in a plastic can of 10 litre capacity on a scooter bearing Registration No. KBR 3446 and it was further found that 1 st accused had purchased the arrack from the 2 nd accused and thereby both the accused have committed the offence punishable under Section 8(2) of the Abkari Act.

3. To substantiate the case, the prosecution examined PW1 to PW6. Exts.P1 to P11 are the documents marked on the

side of the prosecution. MO1 and MO2 are the material objects.

4. After going through the evidence and documents, the lower Court found that, the 1 st accused committed the offence punishable under Section 8(2) of the Abkari Act. Second accused is acquitted by the lower Court. The 1 st accused is sentenced to undergo rigorous imprisonment for a period