The appellant was convicted by the Additional Sessions Court (Adhoc), Mavelikkara, for the offence under Section 55(a) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of 1 lakh and, in default of payment of fine, to undergo rigorous imprisonment for one year. Challenging the conviction and sentence so passed by the court below, the appellant has preferred 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: PW1, the Excise Preventive Officer, Mavelikkara, and his party were on patrol at Thamarakkulam Mekkummuri in Thamarakkulam Village at 5.30 p.m. on 28-04-1998. While so, the appellant was seen coming from the opposite side carrying a 750 ml. bottle, fully containing some liquid, in his right hand. The excise party stopped him there. On examining the contents of the bottle by smelling and tasting, it was revealed that the bottle contained arrack. Therefore, the appellant was arrested then and there. PW1 has taken three samples of 150 ml. each of arrack in three 180 ml. bottles