1. The Revision petitioner is the accused in C.C.No.383/1997 on the files of the Judicial First Class Magistrate's Court, Kunnamkulam, as well as the appellant in Criminal Appeal No.152/2000 on the files of the Additional District and Sessions Judge, Fast Track (Adhoc II), Kozhikode. He was charge sheeted and prosecuted for the offence punishable u/s 55(a) of the Abkari Act. After trial, the Revision petitioner was found guilty of the offence punishable u/s 55(a) of the Abkari Act and convicted thereunder. He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.25,000/-(Rupees Twenty five thousand only) and in default, to undergo rigorous imprisonment for two months. Being aggrieved by the conviction and sentence, though he had preferred an appeal, the appellate court also confirmed the conviction entered and sentence imposed by the trial court as such. This revision is filed challenging the concurrent findings of conviction and sentence, on various grounds.

2. It is the case of the prosecution that on 24/05/1997 at 5.30 p.m. when the Preventive Officer attached to Chelannur Range and party were on patrol duty through Kunnamangalam-Peruvat