P.S. Gopinathan, J.

1. Revision petitioner was prosecuted by the Excise Inspector, Nedumangad Range in Crime No.84/1997, before the Judicial Magistrate of the First Class-II, Nedumangad accusing offence under Section 55(a) of the Abkari Act, with an allegation that at 6.P.M. on 29/3/1997, he was found carrying five litres of illicit arrack in a jerry can which was marked as MO1. PW1, while on petrol duty along with PW4, the preventive officer, detected the crime. They arrested the revision petitioner, seized the contraband along with MO1 for which Exhibit P1 Seizure Mahazar was prepared. A case as Crime No.84/1997 was filed. After investigation the charge sheet was submitted.

2. The revision petitioner pleaded not guilty when the particulars of the offence were read over and explained. Therefore, he was sent for trial. On the side of the prosecution, PWs 1 to 4 were examined. Exhibits P1 to P5 and MO1 were marked. When questioned under Section 313 of the Code of Criminal Procedure, the revision petitioner took a defence that he was falsely implicated and that he was summoned to the Excise office and got some papers signed. One witness was examined as DW1. On appraisal of t