1. This revision petition is preferred by the accused against the judgment in Crl. Appeal No. 836 of 2002 of Additional Sessions Judge, North Paravur. He was charge sheeted in SC No. 226 of 2001 by the Additional Assistant Sessions Judge, North Paravur under Section 58 and 8(1) and (2) of the Abkari Act (for short ‘Act’). Learned Assistant Sessions Judge convicted the accused under Section 8(1) and 58 of the Abkari Act and sentenced to simple imprisonment for two years and fine of Rs. 1,00,000/- under Section 8(1) of the Abkari Act, no separate sentence was imposed under Section 58 of the Abkari Act. Against that, he preferred the above appeal, where learned Sessions Judge dismissed the appeal. Being aggrieved by that, accused preferred this revision petition.

2. The charge against the accused was that on 18.10.1999, at 4.30 pm, the Excise Inspector, Angamaly was conducting patrol duty, accused was found in possession of two litres of arrack in a can in front of the chapel at Thavalappara on the Thavalappara-Pooppani public road. He was arrested and the contraband articles were seized by the Excise Inspector, reaching at the excise office, he entrusted the accused the contrab