M. Sasidharan Nambiar, J.

1. The revision petitioner was convicted and sentenced to simple imprisonment for six months and a fine of Rs. 15,000/- for the offence under Section 58 of the Kerala Abkari Act by the Judicial First Class Magistrate-11, Thamarassery, in CC No. 203/97. The prosecution case was that the accused was in possession of 5 litres of illicit arrack in a plastic can. Though the petitioner filed an appeal before the Sessions Court, confirming the conviction and sentence, it was dismissed. The revision petition is filed, challenging the legality and propriety of the conviction and sentence. The learned Single Judge referred the Criminal Revision Petition to the Division Bench for a decision on the following questions:

"a) Does Rajeevan v. Excise Inspector 1995 K.H.C. 10: 1995 (1) KLT 38 or Purushan v. State of Kerala 2002 KHC 492: 2002 (2) KLT 661: ILR 2002 (3) Ker. 315: 2002 CriLJ 3523 lay down the law correctly?

b) Cannot Section 58 apply to the transporter in possession with requisite culpable knowledge or is that section applicable only to persons who subsequently came into possession?"

According to the learned Single Judge, there is conflict of views in the dec