(1.) The appellant is the accused in Sessions Case No.1140/2004 on the file of the Additional Sessions Judge, (Adhoc)-II, Thalassery.
(2.) The above case is charge sheeted by the Excise Range, Mattannur against the appellant alleging offences punishable under Section 8(1) and (2) of the Kerala Abkari Act.
(3.) The prosecution case is that, on 5.02.2001 at 8.00 pm, the accused was found in possession of a plastic cannas of 5 litre, containing about 3 litres of illicit arrack. Hence, it is alleged that the accused committed the above said offence punishable under Section 8(1) and 8(2) of the Kerala Abkari Act.