ORDER :

The revision petitioner is the accused in the case S.C No.251/2010 on the file of the Court of the Assistant Sessions Judge, Kasaragod.

2. Concurrent verdicts of guilty and conviction recorded against the petitioner by the courts below under Section 8(2) of the Abkari Act, 1077 (hereinafter referred to as 'the Act') are assailed in this revision petition.

3. The prosecution case is that, on 22.08.2008, at about 18:15 hours, at a public road at the place Karyad in Badiadka Village, PW1 Preventive Officer found the petitioner having in his possession 47 polythene covers, each cover containing 100 ml. of arrack, kept in a nylon bag.

4. The trial court framed charge against the petitioner for the offence punishable under Section 8(2) of the Act. The petitioner pleaded not guilty and claimed to be tried.

5. The prosecution examined PW1 to PW5 and marked Exts.P1 to P11 documents. No evidence was adduced by the petitioner/accused.

6. The trial court found the petitioner guilty of the offence punishable under Section 8(2) of the Act and convicted him thereunder. The trial court sentenced him to undergo simple imprisonment for a period of three years and also to pay a fine of Rs.1,00,000/