P.D. RAJAN, J.

1. The revision petitioner was convicted by the trial court under section 55(a) of the Abkari Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,00,000/- with a default sentence of simple imprisonment for one year. An appeal preferred was dismissed by the learned Additional Sessions Judge (Adhoc-1), Kasaragod, confirming the conviction passed by the trial court. Challenging the said judgments, the accused preferred this revision petition.

2. The prosecution case is that on 16.8.1997, the Assistant Sub Inspector of Police, Chandera Police Station was conducting patrol duty within his jurisdiction. When he reached at Trikaripur, the revision petitioner was found near a waiting shed at Olavara with a suitcase. He intercepted and interrogated the revision petitioner, after that he opened the suitcase in which he found 30 bottles of Karanataka made arrack each containing 180 ml. At about 4.45 p.m., the revision petitioner was arrested by the A.S.I. and the arrack with bottles and suit case were taken into custody after preparing a mahazar. He took two samples from the bottles and reached at the Police Station, registered a cr