JUDGMENT

This appeal has been filed challenging the conviction and sentence imposed on the appellant/accused in S.C. No.1964/2001 on the file of the Additional Sessions Judge for trial of Abkari Act Cases, Neyyattinkara, in a prosecution under Section 58 of the Abkari Act.

2. Gist of the prosecution case is that, on 21.07.1997, at about 05.00 pm, CW1, the Excise Circle Inspector of Neyyattinkara Excise Range, found the appellant/accused in possession of a 750 ml bottle filled with illicit arrack, in contravention of the provisions of the Abkari Act and thereby, the appellant/accused committed the offence under the aforesaid provision of the Abkari Act.

3. Following investigation of the case, a final report was filed before the Judicial first Class Magistrate-II, Neyyattinkara, which was committed to the Sessions Court, Thiruvananthapuram, as the offence was exclusively triable by the Court of Sessions. The matter was originally made over to the Assistant Sessions Court, Neyyattinkara and later, case was transferred to the Additional Sessions Court for the trial of Abkari Act Cases, Neyyattinkara, for trial and disposal. Charges were framed against the accused alleging commission of of