The sole accused who faced trial in S.C.No.171 of 2003 of the Additional Sessions (Adhoc-III), Kasaragod and stands convicted for offence punishable under Section 55(a) of the Abkari Act is the appellant herein.

2. The prosecution case was that on 14.07.2000 at about 9 p.m., PW1 who was the Preventive Officer of the Narcotic Special Squad, Kasaragod saw an autorikshaw KL 14 4881 proceeding along the road in a high speed. PW1 directed the vehicle to be stopped, which was not complied with and the vehicle proceeded forward. Thereafter, it hit against a ditch and stopped. PW1 along with accompanying staff went to the autorikshaw and intercepted the accused who was in the driver seat. Another person who was in the rear seat escaped. It was found that two black cans were kept in front of the rear seat. On opening and tasting the content, it was found to be illicit arrack. Each can had a capacity of about 10 liters. After completing the initial formalities, interception, search, seizure and preparation of contemporaneous documents, accused was arrested. He was taken to the excise office and crime registered. Thereafter, he was produced before the magistrate. on completion of the