ORDER

The accused in C.C.No. 611 of 1997 on the files of the Court of the Judicial Magistrate of First Class-II, Kottarakara, filed this revision petition challenging the concurrent finding of conviction and sentence passed by the courts below under Section 55 (a) of the Abkari Act .

2. Heard.

3. The prosecution allegation is that on 31.05.1997 at about 10.00 p.m., the revision petitioner was found in possession of 3 litres of illicit arrack, in contravention of the provisions of the Abkari Act .

4. Before the trial court, PW1 to PW5 were examined and Exts.P1 and P5 were marked for the prosecution, besides identifying MO1. No evidence was adduced on the side of the revision petitioner.

5. The learned counsel for the revision petitioner has argued that even though the incident in this case was on 31.05.1997, the contraband articles were produced before the court only on 2.07.1997 and in the said circumstances, the revision petitioner is entitled to benefit of doubt. The property list was not marked before the court below. However, the property list is available with the records of the court, which would show that the contraband article and the samples were produced before the court on