JUDGMENT

In this appeal preferred under Section 374(2) of the Code of Criminal Procedure, hereinafter referred to as the 'Cr.P.C', the legality and correctness of the conviction and sentence imposed on the appellant in S.C. No. 432/2010 of the Manjeri Sessions Division are called in question. The appellant is the convict in the said case. The case had originated on a final report laid by the Excise Circle Inspector, Ponnani Excise Range before the Judicial First Class Magistrate, Ponnani alleging offence punishable under Section 8(1) of the Abkari Act.

2. The allegation against the appellant was that on

21.11.2007 while the Excise Circle Inspector, Ponnani and party were on patrol duty through the Changaramkulam – Edappal sector of National Highway from south to north, about 300 meters north of Manthadam junction in Ponnani taluk, near the panchayath well, the appellant accused was found in illegal possession of three litres of arrack. He was arrested along with the contraband and the material object was seized under a mahazar in the presence of independent witnesses. Sample was collected from the spot itself. Thereafter, the par