1. Is it not a reality that the accused persons involved in Abkari cases are being dealt with harshly when compared to most of the accused persons involved in offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'), even when it is permissible to consume liquor containing Ethyl alcohol, whereas, consumption of various contraband under the NDPS Act is totally prohibited? Is it not merely aiming at the collection of revenue rather than aiming at the protection of the health and social security of the citizens?

2. Accused in S.C.No.381/2001 of the Additional Sessions Court (Adhoc-II), Thodupuzha, who stands convicted under Section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of 1 lakh, in default, to undergo simple imprisonment for two more months, has come up in appeal.

3. The prosecution case is that, on 30.12.1999 at 3.30 p.m., while PW3, Excise Inspector of Udumbanchola, and party were on patrol duty, they could see the appellant coming with a can containing something. He was intercepted and the can was examined. On examination, the can was fou