1. On account of the conflict of decisions regarding the scope and interpretation of S.55 and 58 of the Abkari Act, this revision has been referred to Division Bench. First, the facts.

2. The petitioner is running a stationery shop. On April 26, 1989 he was found to be in possession of 15 litres of 'Arrack' kept in a plastic container and 27 bottles of 'Arrack' each containing 180 ml. He was prosecuted for the offence punishable under S.55(a) of the Abkari Act.

3. The trial court convicted and sentenced the petitioner to undergo simple imprisonment for one year and to pay a fine of Rs.1000/-. In default, he was to undergo simple imprisonment for a further period of one month. He filed an appeal. The Appellate Court reduced the sentence of imprisonment to six months. However, the conviction under S.55(a) was upheld, hence, this Revision Petition.

4. Mr. Kunhikrishnan, learned counsel for the petitioner has made a two-fold submission. Firstly, it has been contended that the evidence on record does not prove the charge. In any event, the counsel submits that even if the prosecution story is believed, the petitioner could be punished only under S.58. The ingredients of S.55(a)