In this appeal preferred under Section 374 of the Code of Criminal Procedure, hereinafter referred to as the 'Cr.P.C.', the appellant challenges his conviction alleging offence punishable under Sections 8(1) and (2) and 55(a) of the Abkari Act. He was the accused in Sessions Case No. 561/2003 of Additional Sessions Court, Fast Track - II, Alappuzha. That case was taken on file on the basis of a charge sheet laid by the Excise Inspector, Mavelikara in Crime No. 7/2002 of that Range. The prosecution allegation is that on 14.01.2002, while the PW1 Assistant Excise Inspector, N. Ashok Kumar and party were conducting patrol duty, at Elippakulam muri in Vallikunnam village in Mavelikara Taluk, near the Vivekananda Junction on Choonad - Thamarakulam road, the appellant was found in possession of 750 ml. of arrack in a bottle; seeing the excise party when he tried to hide himself, he was intercepted and the bottle containing liquid was opened and tested; finding that it was arrack, he was arrested from the spot in the presence of independent witnesses and was produced before the Excise Range Inspector. Thereafter, the crime was registered and the appellant was produced before the Court.
