(1.) This appeal is at the instance of the Accused-Appellant namely, Sathyan against the order and judgement dtd. 5/9/2019 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No. 2822 of 2008(Hereinafter referred to as the "impugned judgement"), wherein his prayer to set aside the conviction in S.C. No. 1140 of 2006 under Sec. 8 of the Abkari Act, was denied and the findings returned by Additional District & Sessions Judge, Fast Track (Ad Hoc-11), Kozhikode, in judgment dtd. 3/11/2008, were endorsed.
(2.) On 1/10/2003, 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 I st 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 Hoc11), Kozhikode(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 offence; PW -2, the Assistant Excise Inspector who was with PW-1 and that of PW -3, who was an independent witness but turned hostile.
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