V.K. Mohanan, J.

1. This appeal is preferred by accused Nos. 1 and 2 in SC No. 132 of 2007 on the file of the Court of the IVth Additional Sessions Court (Ad hoc II), Thodupuzha. By its judgment dated 08/01/2008, the accused / appellants were convicted under S.55(b), (g), (i) and 8(2) of the Abkari Act and sentenced them to undergo simple imprisonment for two years each and fine of Rs.1 lakh each in default to simple imprisonment for three months each for the offence under S.55(b) of the Abkari Act and no separate sentence is passed for the offence under S.55(g) and 8(2) of the Abkari Act though they were found guilty for the said offences. It is the above judgment, conviction and sentence are challenged in this appeal.

2. The allegation against the appellants is that they were found engaged in distilling arrack and keeping distilled arrack and thereby committed offences punishable under S.55(b), (g), (i) and 8(2) of the Abkari Act. According to the prosecution, the said offences were detected when PW 3 conducted a raid at about 11.30 p.m. on 13/12/2005 in the thicket near I.D.A. ground, Idukki, based upon an information received by him at about 11 p.m. on 13/12/2005. Based