J U D G M E N T

The appellant herein challenges the conviction and sentence against him under Sections 55(a) and 8(2) of the Kerala Abkari Act (for short 'the Act') in S.C No.138/2006 of the Court of Session, Wayanad.

2. The prosecution case is that on 10.12.2004, at the Veluvally junction near Pulpally, the appellant was found possessing arrack contained in 235 packets of 100 ml capacity, carried in a sack. The offence was detected by an Excise Inspector of the Excise Enforcement and Anti Narcotic Special Squad, Wayanad, as part of routine patrol. He arrested the accused on the spot and seized the quantity of arrack as per a seizure mahazar. He produced the accused and the property at the Excise Range Office, where an Excise Inspector registered the crime and occurrence report. Another Excise Inspector took over investigation and submitted final report in court. On committal, the case came up before the Court of Session, from where it was made over to the learned Additional Sessions Judge, Adhoc-I, Kalpetta, for trial and disposal.

3. The accused appeared before the trial court and pleaded not guilty to the charge framed against him under Sections 55(a) and 8(2) of the Act. The prose