JUDGMENT

This appeal is preferred against the conviction and sentence dated 14.3.2007 made in S.C.No.19/2004 on the file of the Additional Sessions Court (Adhoc-I), Kalpetta. The conviction is under Section 55 (a) of the Abkari Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1 lakh with default rigorous imprisonment for three months.

2. The facts necessary for consideration of this appeal is as follows: On 6.2.2003 at about 6 p.m, the appellant/accused was found in possession of 10 litres of illicit arrack in a kannas on the side of Anadikkappu-Valathur public road, in front of the house of the appellant herein, and thereby allegedly committed the above said offence. Final report was filed before the court. PW1 to PW5 were examined and Exts.P1to P7 were marked. MO1 and MO2 were marked. DW1 and DW2 were also marked and Ext.D1 was also marked.

3. After appreciating the evidence, the court below convicted the accused and sentenced as stated above and aggrieved by the above conviction and sentence, this appeal preferred.

4. When the appeal came up for hearing, the learned senior counsel appearing for the appellant submitted before me that in this c