This appeal is directed against the judgment dated 03.05.2006 of the Additional Sessions Judge (Ad hoc-I), Thodupuzha (for short 'the court below') in SC No.329/2004. Two accused involved in the case were found guilty by the court below for the offence punishable under Section 8(1) of the Abkari Act (for short 'the Act') and each of them were convicted under Section 8(2) of the Act and sentenced to undergo rigorous imprisonment for two years and pay fine of Rs.1,00,000/- and in default of payment of fine, to undergo simple imprisonment for one year each.

2. The case of the prosecution was to the following effect: On 16.11.2002, on getting information that sale of illicit arrack was carried on in the shed situated in the property of one Mari Dhorai in Ward No.IV of Marayoor Panchayat at Chinnavara kara in Marayoor Village, the Assistant Sub Inspector of Police, Marayoor Police Station along with three Constables proceeded to the spot. When they reached at the spot, they found a shed therein. Prior to the conduct of necessary examination, a search memorandum was prepared by the Assistant Sub Inspector of Police and forwarded to the Court. Thereafter the shed was examined. A