V. Ramkumar, J.

The sole accused in S.C.788 on the file of the Additional Sessions Court, Fast Track I, Thiruvananthapuram for an offence punishable under S.55(a) of the Abkari Act challenges the conviction entered and the sentence passed against him by the court below for the aforesaid offence.

2. The case of the prosecution is that on 9.2.1998 at 5 p.m. the accused was found in possession of 2 1/2 litres of illicit arrack.

3. The facts as unravelled by the prosecution evidence can be summarised as follows:

On 9.2.1998 at 5 p.m., PW 1 - Excise Preventive Officer attached to the Enforcement and Anti Narcotic Squad, Thiruvananthapuram and his party including PW2 (an Excise Guard) were proceeding on patrol duty. When they reached near Murukkumpuzha railway gate in Panachamoodu - Murukkumpuzha kadavu road, they saw the accused coming from opposite direction with a black can of 2 1/2 liters capacity. On seeing the Excise party, the accused became perplexed and attempted to make good his escape. He was however, restrained by the Excise party and the can found in his possession was seized. On examining the contents of the can, it was found to contain illicit arrack. The identity