JUDGMENT

S.B. Sinha, J.

1. The appellant along with one T.V. Raghavan Piliai (since deceased) and Ismail (absconding accused), were found to be in possession of 7985 litres of spirit in 42 barrels by the Circle Inspector of Police, Hosdurg.

2. Seizure of the said excise article was made on the basis of the information received by the said officer from DYSP, Kanhangad to the effect that spirit for the purpose of manufacturing arrack was stored in a house in Koolingal, without any permit. Admittedl all the three accused were found to be possession of the said excise article.

3. They were prosecuted under Section 5 of the Kerala Abkari Act ("the Act", for short and were found guilty therefor.

4. The contention of the appellant before us was that he was an employee of the said Ismail. The said defence has not beer accepted. It appears that in the body of the judgment of the learned Sessions Judge, provisions of Section 55 of the Act had not been correctly reproduced in so far as the words "transports, transits or possesses" after the words "imports, exports" and before the words "liquor or any intoxicating drug" were missing. Presumably, only on that premise, notice was issued and leave was