JUDGMENT

Dated this the 4th day of February, 2021 Appellant challenges the conviction and sentence imposed by judgment dated 20.1.2006 in S.C. No.275 of 2002 on the files of the Additional Sessions Court, Fast Track (Ad hoc), Mavelikara. By the impugned judgment, the appellant has been convicted for the offence under Sections 8(1), (2) and 55(a) of the Abkari Act, 1077, and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.1,00,000/- for the aforesaid offences and in default of payment of fine, to undergo rigorous imprisonment for one year. 2. The prosecution case was that on 6.2.2001 at 11 a.m., the preventive officer attached to the Kayamkulam Excise Range, while on patrol duty, found the accused in possession of 700 ml of illicit arrack and after seizing the contraband and arresting the accused, a crime was registered by him and thereafter the offence was investigated by PW5.

3. In order to prove the prosecution case, PW 1 to PW5 were examined and Exts.P1 to P6 were marked, apart from the material object MO1, while the defence examined DW1.

4. After appreciating the evidence adduced, learned Sessions Judge found the accused guilty of the offence alleg