The appellant/accused stands convicted for the offence punishable under Section 55(a) of the Abkari Act and he is sentenced to undergo rigorous imprisonment for a term of 2 years and to pay a fine of Rs.1 lakh with a default sentence to undergo rigorous imprisonment for six months. This is under challenge in this appeal.

2. According to the prosecution case, at about 9.55 a.m. on 20/6/1998, PWs. 1 and 2 while on patrol duty on getting information about the transaction of banned arrack, found the accused in suspicious circumstances on the public road carrying a bit shopper (M.O.1). He was apprehended and questioned. It was found that big shopper (M.O.1) in his hand contained 48 packets of Karnataka made arrack measuring 100 ml. Each, which was banned in Kerala State. Accordingly the appellant/accused was arrested and Ext.P1 seizure mahazar was prepared. It is recorded therein that six packets from out of 48 were opened and poured in two bottles of 375 ml. The contents of three packets each were poured into each of the said bottles and were sealed. The entire things were seized and the seized articles were taken to the police station. Thereupon Ext.P3 FIR was registered an