The appellant is the accused in S.C.No.389/2005 on the files of the Additional Sessions Court (Adhoc)-II, Thodupuzha. The court below found that the appellant is guilty under Sections 55(a)(g) and 8(2) of the Kerala Abkari Act and sentenced him to undergo rigorous imprisonment for one year and to pay Rs.1,00,000/- as fine for offence under Section 55(g) of the Kerala Abkari, in default to undergo rigorous imprisonment for three months for offence under Section 8(2) of the Kerala Abkari Act.

2. The prosecution allegation is that on 13.04.2002, at 6.00 p.m., the Assistant Excise Inspector, Kattappana searched a building bearing No.X/326 of Kanchiyar Panchayath and detected 1 litre of arrack, which was found being hidden among the household utensils at the kitchen. It was also alleged that the excise party detected 54 litres of wash from the garden land in which the building is alleged to be situated. The further allegation of the prosecution is that the said building and the garden land belongs to the appellant and that the appellant is punishable under the Abkari Act. The prosecution has miserably failed to prove that the appellant is the owner and in exclusive possession o