Babu Mathew P. Joseph, J.

The appellant was convicted by the Additional Sessions Court(Adhoc)-I, Palakkad, for the offence under Section 8 of the Abkari Act. He was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1,00,000/- and, in default of payment of fine, to undergo simple imprisonment for six months. The appellant challenges the conviction and sentence so passed by the court below in 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: On getting information that the appellant was selling arrack in the premises of his house, PW1, the Sub Inspector of Police, Kongad Police Station, and his party left for that place and reached that place, viz., Thripplammunde in Kongad-II Village, at 1.30 p.m. on 12-7-2003. Seeing the police party, the appellant, who was standing in the courtyard on the southern side of his house carrying a 5 litre jerrycan in his one hand and a glass in the other hand, attempted to flee away. But, he was stopped there by PW1. On examining, it was found that the jerrycan contained 2 litres o