1. The accused in SC No. 199/2009 on the files of the Assistant Sessions Court, Hosdurg filed this revision petition challenging the concurrent finding of conviction and sentence passed by the courts below under Section 58 of the Abkari Act.

2. Heard.

3. The prosecution case is that on 24.7.2007 at 5 p.m. the petitioner was found in possession of two liters of illicit arrack in a 5 litre can in contravention of the provisions of the Abkari Act.

4. PW3 seized the contraband article as per Ext.P1 seizure mahazar. He had also drawn the sample from the contraband. PW3 also arrested the revision petitioner from the spot and thereafter, he had taken the revision petitioner and the contraband to the Excise Office along with the contemporary records and thereafter, he registered the crime. The investigation was conducted by PW2. After completing the investigation, PW2 filed the final report before the Court.

5. Before the trial court, PW1 to PW5 were examined and Exts.P1 to P12 were marked for the prosecution. No evidence was adduced on the side of the revision petitioner.

6. The learned counsel for the revision petitioner has argued that since there was inordinate and unexplained delay