The appellant was convicted by the Additional Sessions Court-III, Kollam, for the offence under Section 55(a) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1 lakh and, in default of payment of fine, to undergo simple imprisonment for six months. The conviction and sentence so passed by the court below are challenged in this appeal.

2. Heard the learned counsel appearing for the appellant and the learned Public Prosecutor appearing for the respondent.

3. The prosecution case is briefly stated as follows: PW3, the Excise Preventive Officer, Excise Range Office, Kollam, and his party were on patrol at Thazhampana Thahamukku in Thrikkovilvattom Village, at about 6.00 p.m. on 13-08-1997. While so, the appellant was seen coming from the opposite side carrying a plastic sack in his right hand. Seeing the excise party, the appellant attempted to flee away. But, he was stopped there by the excise party. On examining the plastic sack, 25 plastic covers each containing 100 ml. of liquid were found in it. PW3 has taken two covers from them and opened them. On tasting and smelling the contents, it was revealed that the covers