ORDER

This appeal is preferred against the judgment of conviction and sentence dated 25.8.2004 in S.C.No.198/2002 on the files of the Additional Sessions Judge Fast Track (Adhoc) Court II, Thiruvananthapuram. The conviction is under Section 55 (a) of the Abkari Act . The sentence is to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for three months.

2. The facts of the case is as follows :

On 12.3.1998 at about 8.30 p.m., the accused was found in possession of 30 bottles of Indian Made Foreign Liquor having a total quantity of 9.3 litres at a place near to the garage of KSRTC at Thampanoor. The Sub Inspector of Police detected the crime and registered the crime for an offence under Section 55 (a) of the Abkari Crl.Appeal No.1552/2004 2 Act. After filing charge, prosecution altogether examined three witnesses and Exts.P 1 to P4 were marked. On the side of the defence, Exts.D1 and D2 were marked. MO1 to 3 were also marked. MO2 and MO3 series are bottles. After appreciating the evidence, the trial court convicted the accused as stated above and sentenced. Aggrieved by the conviction and sentence, this appeal is p