1. Petitioner the first accused was convicted and sentenced to rigorous imprisonment for three years and a fine of Rs.One Lakh for the offence under Section 55(i) of Kerala Abkari Act by Additional Assistant Sessions Judge, Alappuzha in S.C.346/1999. The accused challenged the conviction and sentence before Sessions court, Alappuzha in Crl.A.221/2001. Learned Additional Sessions Judge on re-appreciation of evidence confirmed the conviction as against the first accused but set aside the conviction and sentence as against second accused and acquitted him. First accused filed this revision challenging the conviction and sentence.

2. Prosecution case is that on 26/8/1998 PW1 Sub Inspector of Police, Edathwa police station while on patrol duty along with PW2 the police constable reached southern side of Neerettupuram market, they found three persons engaged in sale of arrack in front of cement godown owned by PW5. Seeing the police party, one person ran away and the other two, who are the accused, were apprehended. According to the prosecution petitioner was having a bottle with some liquid in his hands and second accused was holding a glass. PW1 tested the liquid in the bottl