1. This is an appeal by the State against an order of acquittal. The accused was charged under Ss, 51 (a) and 54 of the Travancore Abkari Regulation (Regulation IV of 1073) for having been found in possession of seven measures of fermented toddy (the quantity is in excess of the quantity prescribed by the Government) and 48 ozs. of illicit arrack. The illicit arrack was found placed inside the kitchen and the toddy was found in a mud pot hidden in the compound at a place fifty feet from the house of the accused. P.W. 1, the Excise Inspector of the Poonjar Range who effected the search and the recovery as well as Pw. 4 the Preventive Officer who was present at the time of the search gave evidence that the illicit arrack was found in the north-eastern corner of the kitchen and that the fermented toddy was found in a pot which was covered up with earth at a place about fifty feet from the house. Besides these, two bottles with some traces of illicit arrack were also recovered from a wall-almirah in the kitchen. Pw.1 gave evidence that the permissible quantity of toddy which one could possess without licence is 11/2 Eds., that is, three bottles whereas the quantity that was