P.D. RAJAN, J.

1. This appeal is preferred by the accused against the conviction and sentence in S.C. No. 1009/2002 of Additional District and Sessions Judge, Fast Track (Adhoc) No. II, Thiruvananthapuram u/s. 55(a) of the Abkari Act. The charge against the appellant is that on 23.7.2000 at 3.45 p.m., the appellant was found in possession of 4½ litres of arrack at Mavarthalakonam by the Assistant Sub Inspector of Police, Medical College Police Station. He was arrested and the contraband articles were seized, after preparing a mahazar, reaching at the Police Station, he registered a crime. After completing investigation, Sub Inspector of Police, Medical College laid charge before additional Chief Judicial Magistrate, Thiruvananthapuram. Subsequently, it was committed to Sessions Court, Thiruvananthapupram from there it was made over to Additional Sessions Court, Fast Track Court-II.

2. During trial, prosecution examined five witnesses and marked Exts.P1 to P7. MO1 to MO3 were admitted as material objects. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He examined DW1. The learned Additional Sessions Judge convicted him and sentenced to imprisonment for 1½ years and fine of Rs. 1 lakh, in default simple imprisonment for three months. Being aggrieved by that, the accused preferred this appeal.

3. There was no representation for the appellant, this Court issued notice to the appellant through C.I. of Police, Medical College Police Station to ensure the presence of the appellant before this Court. There was no response from him. Adv. M.N. Mathew, the legal aid counsel represented for the appellant. I heard both sides.

4. According to Section 4(d) of the Abkari Act, the Government may, by notification in the Gazette, appoint officers to take action under Sections 40 to 53 of the Abkari Act. Any subordinate officers may be appointed with such designation, powers and duties under this Act from time to time as the Government may think fit. Section 5 of the Abkari Act prescribing the powers and duties under this Act to be exercised and performed by Abkari Officers of several classes and regulating the delegation by the Government or by the Commissioner of Excise of any powers conferred by this Act of exercised in respect of Abkari Revenue under any law for the time being in force. As per S.R.O.No.321/96 dated 29.3.1996, the Government of Kerala appointed all police officers of and above the rank of Sub Inspector of Police in charge of Law and Order and working in the General executive branch of the Police Department was designated as Abkari officers as per Section 5 of the Abkari Act, which reads as follows:-

“S.R.O. No. 321/96 - In exercise of powers conferred by section 4 of the Abkari Act, I of 1077 the Government of Kerala hereby appoint all police officers of and above the rank of Sub Inspector of Police in charge of Law and Order and working in the General executive branch of the Police Department and all Revenue Officers of and above the rank of Deputy Collectors to be Abkari Officers under their respective Jurisdiction for the purpose of Sections 31, 32, 33, 34, 35, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 59 of the Act and to exercise all the powers and to discharge all the duties conferred and imposed on Abkari Officers, in the sections aforesaid.

This notification shall come into force with immediate effect.”

Explanatory Note - The Government have decided to abolish all arrack shops in the State of Kerala from 1-4-1996. As per G.O. (MS) No.26/96.TD dated 14-2-1996, Government have announced the new Excise Policy in the year 1996-97. In order to implement the Government policy effectively the Government have decided to empower the Police Officers to register cases against violation of Excise Laws as per G.O.(MS) No.32/96/TD dated 26-2-1996. In the high level meeting of the Officers of the Excise Police and Revenue Departments convened by the Ho