O R D E R

This criminal revision petition is preferred impugning the judgment of the learned 3^rd Additional Sessions Judge, Kollam in Crl.A.No.367/2012.

2. The revision petitioner herein is the sole accused in Crime No.77/2005 of Karunagappally Excise Range registered for offence punishable under Section 55 (g)of the Abkari Act .

3. The prosecution case is that, on 07.12.2005 at about 5.15p.m., the accused was found in possession of about 30 liters of wash in two cans having the capacity of 55 liters each on a ridge of Kizhakkan Ele in Sooranad North village, in contravention of the provisions of the Abkari Act and Rules.

4. The trial court convicted and sentenced the accused to undergo simple imprisonment for six months and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for 30 days.

5. The appellate court confirmed the conviction and sentence. Impugning the judgment of the learned Additional Sessions Judge, the accused preferred this revision.

6. Before the trial court, PWs.1 to 4 were examined, Exts.P1 to P8 were marked and MO1 was identified. PW1 is the Excise Preventive Officer who detected the offence. PW3, Excise Inspector, Sasthamcotta had registered