(1.) The appeal is against the judgment dated 29.5.2007 in S.C. No.87 of 2006 on the files of the Additional Sessions Court (Adhoc-II), Thodupuzha. By the impugned judgment, the accused was found guilty for the offence under Section 8(2) and Section 55(i) of the Abkari Act (for short, 'the Act') and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/-, in default to undergo rigorous imprisonment for three months for the offence under Section 8(2) of the Act. No separate sentence for the offence under Section 55(i) was imposed.
(2.) The prosecution alleged that on 5.6.2004 at 12.35 pm, the accused was found in possession of 1.275 litres of arrack kept in the tea shop of the accused in four bottles. Consequent to arrest of the accused and taking the samples after seizure of the contraband, Crime No.105 of 2004 was registered at Karimannur Police Station. After completing the investigation, the report was filed alleging offence committed under Section 8(2) and Section 55(i) of the Abkari Act, 1077. The learned Magistrate committed the case for trial to the court of Sessions.
(3.) In order to prove the prosecution case, PWs 1 to 8 were examined and Exts.P1 to P9 were marked. The defence examined DW1 and marked Ext.D1 being the portion of CD statement of CW1. The material objects were marked as MO1 and MO2. MO1 bottle was having a capacity of 375 ml but contained 150 ml of liquor, while MO2 was another 375 ml of bottle allegedly containing liquor to the brim.