JUDGMENT :

1. Aggrieved by the judgment dated 07.07.2008, passed by the Additional Sessions Court (Adhoc-I), Pathanamthitta in S.C.No.4/2006, the accused has preferred this appeal. The appellant was convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for a term of one year and pay a fine of Rs.1 Lakh.

2. The prosecution case is that on 25.08.2003 at 5.30 p.m, the appellant was found in possession of 5 litres of arrack in a black can at Poozhikadu muri.

3. After completing the investigation, final report was submitted against the accused for the offence punishable under Section 8(2) of the Abkari Act before the Judicial First Class Magistrate Court, Adoor. The case was committed to the Sessions Court, Pathanamthitta from where it was made over to the Trial Court. On the appearance of the accused, charge was framed against him for the offence punishable under Section 8(2) of the Abkari Act. The accused pleaded not guilty to the charge, and therefore, he came to be tried by the Trial Court for the aforesaid offence.

4. The prosecution examined PWs 1 to 5 and proved Exts.P1 to P4 and MO1.

5. After the closure of the prosecution evidence, the st