1. The revision petitioner is the accused in Sessions Case No.584 of 2003 on the file of the Assistant Sessions Judge, Hosdurg. He was found guilty, after trial by the learned Assistant Sessions Judge, for offence under Section 55 (a) of the Abkari Act. He was sentenced to simple imprisonment for one year and a fine of Rupees one lakh with a default sentence of simple imprisonment for three months. In Criminal Appeal No.170 of 2006, the conviction was confirmed. But the substantive sentence was reduced to simple imprisonment for three months. Default sentence was also reduced to one month.

2. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed and modified in appeal, this revision petition was preferred.

3. The prosecution case in brief is that on 25/4/2001, the Assistant Sub Inspector of Police, Chittarikal Police Station along with Head Constable and Police Constable, who were examined as PWs.1 and 2 were moving on patrol duty. At 9.45 a.m., when they reached near the bus stand complex at Chittarikkal, the revision petitioner was found carrying a bag at his head and a big shopper in his hand. Feeling suspicious, the revis