Judgment :-

The appellant is the second accused in S.C.No.608 of 2000 on the file of the Additional District and Sessions Court (Ad hoc) Court No.I Kollam. He faced trial along with the first accused for the offence punishable under Section 55(a) and (i) of the Abkari Act.

2. The prosecution case is that on 14.2.1999 at about 4 p.m. when PW.3, the Sub Inspector of Police, along with PW.2 and other police constables reached Toddy shop No.90 at Pallimon cheri, the first accused was found keeping possession of 12 litres of arrack mixed with toddy for sale and on enquiry it was revealed that the appellant was the licensee of the shop. PW.3 conducted a search and found 50 bottles containing 200 ml. Of arrack and 20 bottles containing 100 ml. Arrack in the store room of the toddy shop. The arrack contained in two bottles of 200 ml. And in one bottle of 100 ml. were taken as samples in one bottle of 750 ml. capacity. The remaining 48 bottles containing 200 ml. of arrack and 19 bottles containing 100 ml. of arrack along with the three empty bottles and the boxes in which they were kept were seized as per Ext.P1 mahazar in the presence of the first accused and PWs.1 and 2. The fir