V. Ramkumar, J.

The 2nd accused in S.C.No.1969/2002 on the file of the Court of the IIIrd Addl. Sessions Judge, Kollam challenges the conviction entered and the sentence passed against him by that court for offences punishable under Ss.55(a) and 55(i) of the Abkari Act.

2. The case of the prosecution can be summarized as follows:-

On 24.12.1999 at 5.30 p.m. a police party from Kottiyam Police Station headed by the Sub Inspector PW.4 while on patrol duty found both accused Nos.1 and 2 at the residential property of the 1st accused situated near Kayavil culvert in Akkolil cheri of Mayyanadu village. The police party found the 1st accused holding a glass and the 2nd accused holding a plastic kit containing 35 covers, each containing 100 ml. of illicit arrack. The accused has thereby committed offences punishable under Ss.55(a) and 55(i) of the Abkari Act.

3. On the accused pleading not guilty to the charge framed against them by the court below for the aforementioned offences, the prosecution was permitted to ad-duce evidence in support of its case. The prosecution altogether examined 5 wit­nesses as PWs.1 to 5 and got marked 5 documents as Exts.P1 to P5 and 4 material objects