(1.) The accused in S.C.No.353/2002 on the file of the Additional Sessions Judge, Fast Track-II, Thiruvananthapuram is the appellant herein.
(2.) The appellant was charge sheeted by the Excise Inspector, Thiruvananthapuram excise range in Crime No.38/1998 of that excise range under section 55(a) of the Abkari Act (ought to be under sections 8(1) and (2) of the Abkari Act).
(3.) The case of the prosecution in nutshell was that on, 16.10.1998, at about 10 a.m, the accused was found to be in possession of 5 litres of arrack and found transiting the same along Killipalam-Kruppattikkada road in front of Kalyani hospital in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under section 55(a) of the Abkari Act.