K.S. Radhakrishnan, J.

Petitioner is the owner of a building No. 870A of Ward No.1 of Neeleswaram Panchayat. The building was let out to one Saji Luckose on a monthly rental basis. Circle Inspector of Police, Neeleswaram conducted a search in the building on 28.9.1996 and unearthed 4340 litres of unauthorised spirit contained in barrels and other utensils. A case was registered against Saji Luckose and petitioner under Ss.55A and 64A of the Kerala Abkari Act The charge levelled against the petitioner was that petitioner rented out the premises to Saji Luckose and that with the knowledge and consent of the petitioner and Saji Luckose the building was used for the said illegal activities, even after the expiry of the lease period, so as to make unlawful gain.

2. According to counsel for the petitioner, the room was rented out on the basis of Ext. P3 rent deed for a period of six months. However, on expiry of the said period also Saji Luckose continued to be in possession of the building and vacated it only on 2.9.1997. According to counsel, when the incident happened, petitioner had no control over the building. Therefore, no charge will lie against the petitioner. He has g