Accused in C.C. 161/79 on the file of the Judicial First Class Magistrate's Court, Tirur is the petitioner in this revision petition. She was charged with offence punishable under S. 55(a) of the Abkari Act. The learned Magistrate after trial found her guilty of the said offence and convicted her thereunder. Thereupon she was sentenced to undergo simple imprisonment for 6 months and to pay a fine of Rs. 1000/-. In default of payment of fine she was directed to undergo simple imprisonment for three months. The said conviction and sentence were challenged in Crl. Appeal No. 46/80 before the Sessions Court, Menjeri. The learned Sessions Judge by judgment dt. 15-3-1982 confirmed the conviction, but altered the sentence to one of fine. The accused was directed to pay a fine of Rs. 2500/- and in default of payment of fine to suffer simple imprisonment for a period of three months. Hence this revision petition.

2. The learned counsel appearing for the revision petitioner raised two points before me. They are:

(1) The accused cannot be convicted for offence under S. 55(a). Even if the entire prosecution case is taken as proved the offence committed by the petitioner will only b