JUDGMENT :

B. SUDHEENDRA KUMAR, J.

1. The appellant was convicted and sentenced by the court below under Section 8(2) of the Abkari Act.

2. The prosecution allegation is that on 03.03.2003 at about 7 p.m. the appellant was found in possession of 2 litres of arrack, in contravention of the provisions of the Abkari Act.

3. Heard.

4. The learned counsel for the appellant has argued that since no sample seal was affixed on Ext.P9 copy of the forwarding note, the appellant is entitled to be acquitted.

5. The learned counsel for the appellant relied on the decision of this Court in Krishnan H. vs. State, 2015 (1) KHC 822, to support his argument.

6. In Krishnan H (Supra), the Court held that the absence of sample seal at the space provided for the same in the copy of the Forwarding Note is sufficient to presume that the sample seal was not provided in the original Forwarding Note.

7. In this case, no evidence was adduced by the prosecution to prove that the sample seal was affixed on the copy of the forwarding note.

8. In Ravi vs. State of Kerala, 2011 (3) KLT 353, the Division Bench of this Court held that the prosecution in a case under the Abkari Act could succeed only if it is shown that the