JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The correctness of judgment and order dated 11th June, 2021 passed by the High Court of Kerala in Criminal Appeal No. 800 of 2011 is challenged in appeal before this Court.

3. The appellant(A1) was charge-sheeted for offence under Section 55(g) and 8(1) read with 8(2) of the Abkari Act and after facing trial was convicted for the aforestated offences and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.1,00,000/ each, in default rigorous imprisonment for 1 year for each offence under Section 8(1) read with 8(2) and 55(g) of the Abkari Act and substantive sentences were directed to run concurrently.

4. As per the prosecution, on 25th February, 2007 at 9.10 a.m., the Sub-Inspector, Perunad police station and party found the appellant along with six others, engaged in manufacturing arrack in a place by name Kochethupara in Perunad village and Manakayam Muri within Ranni Taluk in Perunad police station limits. Knowing about the illegal activities of the appellant and others, police party proceeded to the place and found the appellant and others near a small watercourse, engaged in manufacturing arrack. After seeing th