JUDGMENT :

MARY JOSEPH, J.

1. This appeal is directed against the judgment dated 1.6.2006 of Additional Sessions Judge for trial of Abkari Cases, Neyyattikara (for short ‘the trial court’). The appellant is the sole accused in the case. He was chargesheeted by the police for the offence punishable under Section 58 of the Kerala Abkari Act (for short ‘the Act’). He was found guilty for the offence, convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1 lakh and in default to undergo rigorous imprisonment for a period of three months. Aggrieved thereby the appeal on hand is preferred.

2. For the sake of convenience, the parties to this appeal are referred to hereinafter as the accused and the complainant. Sri. J. Jayakumar, the learned counsel and Smt. Maya, the learned Public Prosecutor addressed this Court on behalf of the respective parties to the appeal.

3. Before adverting to the contentions of the counsel on behalf of the accused, an understanding of the prosecution case being relevant is stated hereunder: On 2.5.1999 while the Sub Inspector of Police, Nemom Police Station, who was on patrol duty within the limits of Nemom Police Station w