The appellant herein challenges the conviction and

sentence against him under Section 8(2) of the Kerala

Abakari Act (for short “the Act”) in SC No. 94/2006 of

the court of Session, Wayanad. He faced a trial before

the learned Additional Sessions Judge (Adhoc)II,

Kalpetta, on the allegation that at about 1.25 pm on

28.09.2005 at Mananthavady, he was found possessing

2400 ml of arrack, contained in 24 packets. The offenc

was detected by a Preventive Officer of the

Mananthavady Excise Circle. He arrested the accused on

the spot and seized the contraband articles as per a

mahazar. The Preventive Officer produced the accused

and the properties at the Excise Range Office,

Mananthavady where another Preventive Officer

registered the crime, and he also produced the accused

and property in court. Investigation was taken over by

the Circle Inspector of the Special Excise Squad,

Wayanad as directed by the Assistant Commissioner of

Excise, and a final report also filed by him in court.

2.

The accused appeared before the learned trial

3

Judge and pleaded not guilty to the charge framed

against him. The prosecution examined six witnesses

and proved Exts. P1 to P7 docum