1. On 28-7-1984, petitioner was found carrying a tin containing wash from which the Chemical Examiner, on analysis, detected ethyl alcohol. The petitioner was found guilty of the offence under S.55(g) of the Abkari Act (for short 'the Act') and was convicted and sentenced to undergo simple imprisonment for three months and a fine of rupees one thousand. The conviction and sentence were confirmed in appeal by the Sessions Court. This revision is by the petitioner in challenge of the said conviction and sentence.

2. The Preventive Officer of the Excise Department (P.W.1) conducted a search of the petitioner as the officer had reasonable suspicion that the petitioner was carrying illicit liquor. He opened the tin, smelt and tasted the contents and then he was satisfied that it was illicit arrack. However, he took a sample from the contents of the tin and it was the said sample which was sent for chemical analysis. The officer prepared Ext.P1 mahazar as contemporaneous document evidencing search.

3. PW.3 is the only independent witness who affixed signature in the mahazar. The other signatories in Ext.P1 are the Excise Guards. There is no case for the Preventive Officer that