This appeal is at the instance of the sole accused in S.C.No.71/2002 of the Court of Addl.District and Sessions Judge (Adhoc 1), Thodupuzha, who challenges his conviction and sentence under Section 55 (a) of the Abkari Act (for short, 'the Act' only)

2. The prosecution case is that on 14.6.99 at 3 P.M the accused was found in possession of 3 litres of arrack in a plastic can at Vattappara junction at a place called Pothamedu. On the basis of the said allegation, crime No.8/99 of Devikukulam Excise Range was registered. After investigation, a final report was filed in the Court of Judicial First Class Magistrate, Devikulam, whereupon C.P.No.3/2001 was initiated and by order dated 6.10.2001, the learned Magistrate committed the case to the Sessions Court, Thodupuzha where the case was instituted as S.C.No.71/2002, which was made over to the court of Assistant Sessions Judge, but subsequently, it was transferred by the Sessions Court to the trial court for disposal. During the course of trial, PWs 1 to 3 were examined on the side of the prosecution and Exts.P1 to P5 were marked as documentary evidence. M.O-1 material object was also identified and marked. The defence's stand