Mr. Harun-Ul-Rashid, J.

The appellants are the accused in S.C. No.87/2001 on the file of the Additional District and Sessions Judge Fast Track (Ad-hoc) Court-I, Manjeri. The appeal is directed against the judgment dated 11.6.2004 in the sessions case. The accused stands charge sheeted under Section 55(a) of the Abkari Act. The court below found that the guilt of the accused is proved beyond reasonable doubt and are convicted. The accused are sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1 Lakh each and in default of payment of fine to undergo simple imprisonment for one year. Parties hereinafter are referred to as arrayed in the sessions case.

2. The prosecution case is that at about 10:00 am on 6.6.1998 the accused were found transporting 35 litres of illicit arrack in a can through Areacode-Mukkam road, that the 2nd accused was driving the bike bearing Reg. No. KL-11(G)-4742, that the 1st accused was the pillion rider and that both accused are liable to be punished under Section 55(a) of the Abkari act.

3. The prosecution examined PWs 1 to 6 and marked Exts.P1 to P9. MOs 1 to 3 were marked on the side of the prosecution. The accused we