JUDGMENT :

SANJAY KAROL J.

1. This appeal is at the instance of the Accused-Appellant namely, Sathyan against the order and judgment dated 5thSeptember, 2019 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No. 2822 of 2008¹[Hereinafter referred to as the "impugned judgment"], wherein his prayer to set aside the conviction in S.C. No. 1140 of 2006 under Section 8 of the Abkari Act, was denied and the findings returned by Additional District & Sessions Judge, Fast Track (Ad Hoc-11), Kozhikode, in judgment dated 3rd November, 2008, were endorsed.

BRIEF FACTS

2. On 1st October 2003, the Appellant was arrested for carrying five litres of Arrack, in a jerry can, in his autorickshaw. The case was registered before the court of the Judicial Ist Class Magistrate, Kunnamangalam taking on the number C.P.36/06. Subsequently, the matter was committed, and eventually, made its way to the Court of Additional District & Sessions Judge, Fast Track (Ad Hoc- 11), Kozhikode²[Hereinafter “trial court”].

3. Having framed 3 issues for consideration, the learned trial Court examined the testimonies of PW–1 who was the Excise Inspector Kunnamangalam range and the person who had detected the o