BABU MATHEW P. JOSEPH, J.

1. The appellant was convicted by the Additional Sessions Court (Adhoc)-III, Pathanamthitta, for the offence under Section 55(g) of the Abkari Act. He was sentenced to undergo simple imprisonment for two years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo simple imprisonment for three months. The appellant challenges the conviction and sentence so passed by the court below against him 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: PW1, the Excise Inspector, Excise Range office, Konni and his party were on patrol at Eramkara in Malayalapuzha Village, at about 6 p.m. on 10.7.2002. While so, the appellant was seen carrying a 35 litre black jerrycan on his right shoulder. Seeing the excise party, the appellant attempted to flee away leaving the jerrycan there. But, the excise party stopped him there. On examining that jerrycan, it was found that it contained about 20 litres of wash. Since the appellant had committed an offence under the Abkari Act, he was arrested then and th