O R D E R

This revision is at the instance of the accused in Sessions Case No.292 of 2004 on the file of Principal Assistant Sessions Judge, Thrissur, assailing the judgment in Crl.Appeal No.593 of 2007 on the file of Additional Sessions Court, Fast Track Court No.II (Adhoc), Thrissur, which upheld his conviction under Section 8(1) and 8(2) of the Abkari Act though modified and reduced his sentence to certain extent.

2. The prosecution case is that on 17.01.2003, at about

5.45 p.m., the revision petitioner was found carrying three litres of arrack through the road near Navodaya School, Mayannur. PW1, the preventive officer and Excise party, detected the offence. The revision petitioner was arrested and the contraband was seized. After completing the legal formalities, the revision petitioner along with the records and the contraband were produced before the Excise office and later before the jurisdictional Magistrate. PW5, the investigating officer, on completing the investigation, laid charge against the revision petitioner under Section 8(1) and 8(2) of the Abkari Act.

3. On appearance of the revision petitioner before the trial court, charge was framed under Section 8(1) and 8(2) of