The appellant was prosecuted by the Sub Inspector of Police, Vythiri for an offence punishable under Section 55(a) of the Abkari Act.

2. The case of the prosecution as unravelled through the oral and documentary evidence is the following:-

On 15-11-1997 at about 8 a.m. the appellant was found in possession of 6 litres of Indian Made Foreign Liquor (IMFL for short) by name “Western Doctors Brandy” consisting of 3 bottles each of 750 ml. capacity and 10 bottles each of 375 ml. capacity in MO4 bag carried by him in the varandha of a shop at the Pozhuthana – Vythiri junction. The detection of the appellant was by the Circle Inspector of Police, Vythiri during patrol duty at 8. a.m. The appellant was arrested and two samples of 180 ml. each were taken from one of the 10 bottles of 375 ml. capacity. The sample bottles were sealed and packed and seized along with the rest of the bottles under Ext.P2 seizure mahazar prepared by PW5 from the spot. The accused was arrested and taken along with the contraband liquor and seizure documents to the Vythiri Police Station. After reaching the Police Station, PW5 gave Ext.P3 First Information Report on the basis of which the above case was