JUDGMENT

T.S. THAKUR, J.

1. Leave granted.

2. The appellant was prosecuted for an offence punishable under Section 55(a) of the Kerala Abkari Act (1 of 1077). He was found guilty by the Trial Court and sentenced to undergo imprisonment for a period of seven years besides a fine of rupees one lakh. In default of payment a further sentence of one year simple imprisonment was also awarded. The co-accused in the case was, however, acquitted by the Trial Court.

3. Aggrieved by the conviction and the sentence awarded to him, the appellant preferred Criminal Appeal No.1345 of 2003 before the High Court of Kerala at Ernakulam. The High Court reappraised the evidence on record and came to the conclusion that the charge framed against the appellant had been rightly held to be proved by the Trial Court. The conviction recorded against the appellant was accordingly affirmed but the sentence awarded to him reduced from seven years to five years but with an enhanced fine of rupees two lakhs in default of payment whereof the appellant was to undergo a further imprisonment of two years.

4. When the special leave petition filed by the appellant against the above judgment and order came up for preliminar