Babu Mathew P. Joseph, J.

The appellant was convicted by the Additional Sessions Court (Adhoc)II, Kasaragod, for the offence under Section 55(a) of the Abkari Act. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1 lakh and, in default of payment of fine, to undergo rigorous imprisonment for two 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: PW1, the Excise Inspector, Excise Circle Office, Hosdurg, and his party were on patrol at Chalingal in Chittari Village at about 11.00 a.m. on 04-11-1999. While so, the appellant was "C.R." seen coming from the opposite side carrying a white jerrycan. Seeing the excise party, the appellant attempted to flee away. But, the excise party soon reached him and examined the five litre jerrycan carried by him when it was revealed that it contained about three litres of illicit arrack. Since the appellant had committed an offence under the Abkari Act, he was arrested by P