BABU MATHEW P. JOSEPH, J.

1. The appellant was convicted by the Additional Sessions Court (Ad hoc)-I, Ernakulam, for the offence under Section 58 of the Abkari Act. He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1 lakh and in default of payment of fine, to undergo simple imprisonment for six months. Challenging the conviction and sentence 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: CW1, the Circle Inspector of Excise, Excise Circle Office, Aluva, and his party were on patrol at Chully in Ayyampuzha Village at about 3.00 p.m. on 26-12-2002. While so, the appellant was seen coming from the opposite side carrying a 5 litre black jerrycan. Seeing the excise party, the appellant attempted to flee away leaving the jerrycan. Soon the excise party reached him and stopped him there. On examining the jerrycan, one litre arrack was found in it. Since the appellant had committed an offence under the Abkari Act, he was arrested by CW1 preparing Ext.P