J U D G M E N T

This appeal is preferred against the conviction and sentence passed by the Addl. Sessions Judge, Adhoc-I, Kasaragod in S.C.174/00. The accused was charge sheeted for the offences u/Ss.55(a), (b) and (g) of the Abkari Act and he was found guilty under all the Sections and he was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,00,000/- each under each Section but the sentence was directed to run concurrently. It is against that decision the accused has come up in appeal.

2. The points that arise for determination in the appeal are;

(1) Whether the materials available are sufficient to hold that the accused is guilty of the offence under Ss.55(a), (b)

and (g) of the Abkari Act ?

(2) Is there anything to interfere with the decision rendered?

Crl.A. 546 OF 2003 Points:

3. It is the case of the prosecution that the accused was found in illegal possession of 40 liters of wash and 2 liters of illicit arrack on 14.9.99 at about 11.30 a.m. in the nhali (lean to) of the residential house of the accused bearing Door No.I/530 of Kayyoor-Cheemeni Panchayat. Ext.P2 is the tax assessment register extract which would reveal that the owner