1. The accused in Sessions Case No.246 of 2002 of the Additional Sessions Court (Adhoc-II), Kozhikode who stands convicted under Section 55 (a) of the Abkari Act and sentenced to undergo rigorous imprisonment for 1= years and to pay fine of 1,00,000/-, in default, to undergo rigorous imprisonment for six months, has come up in appeal.

2. On getting reliable information that illicit arrack was being kept by the appellant in his possession at his house, PW1, Preventive Officer of the Quilandy Excise Range and party searched the house of the appellant at 1.00 p.m. on 15.10.1997. The appellant was present at the house. In the search, MO1 Can containing 1= litres of arrack was seized from the kitchen of the house. The appellant was placed under arrest. Samples were drawn. On reaching the Excise Office, Exhibit P5 occurrence report was prepared. The appellant along with the properties were produced before the Court on the very next day through Exhibit P7 property list. A forwarding note, the copy of which is Exhibit P8, was also filed. The sample of the contraband was subjected to chemical analysis and Exhibit P9 certificate of chemical analysis was received, which states that