The appellant faced trial for an offence under Section 55(a) of the Abkari Act on the allegation that he was found in possession of 35 liters of illicit arrack on 29.7.1999 at a place called Ariyappady in Mugu village at Kasaragod within the limits of Badiaduka Police Station. To prove the case against the appellant, prosecution examined three witnesses and relied on Exts.P1 to P6. On closing the prosecution evidence, when the appellant was questioned under Section 313 of the Code, he had stated that he is innocent and the case was foisted against him on the instigation of a police constable-PW1, who is having some enmity towards him. But, the trial court by the impugned judgment found the appellant guilty under Section 55(a) of the Abkari Act and convicted him thereunder and sentenced to undergo R.I for three and a half years and to pay a fine of Rs.One lakh with default sentence of payment of fine, to undergo R.I for three months more under Section 55(1) of the Act.

The counsel appearing for the appellant challenges the judgment of the trial court on various grounds. The counsel submits that the trial court committed serious error in finding the appellant guilty of the