P. Ubaid, J.

1. The appellant herein challenges the conviction and sentence against him under S. 55(a) of the Kerala Abkari Act (for short "the Act") in S.C. No. 11/2011 of the Court of Session Ernakulam. He was prosecuted along with his brother as the second accused, on the allegation that they illicitly stored and possessed huge quantity of spirit at the shed No. 4/109A of the Pallipuram Grama Panchayat which belongs to the appellant. The Sub Inspector of Police, Munambam conducted a search at the said shed on 2.12.2005 on the basis of reliable information. On the basis of the said information, the Police party first searched the house of the father of the appellant, but nothing could be found there. Immediately, they searched the shed No. 4/109A attached to the house building, and on search, the Police seized a huge quantity of 1830 litres of spirit. When interrogated, the accused Nos. 1 and 2 told the Sub Inspector that it was the spirit stored and kept there by three other persons. On the basis of the statements given by the accused Nos. 1 and 2, the Police registered a crime against five persons including the appellant. The allegation in the F.I.R is that the accused N