ORDER

The revision petitioner herein is the accused in S.C. No.

432 of 2007 on the files of Assistant Sessions Judge, Hosdurg, alleging the commission of offences punishable under Sections 8 (1) & (2) of the Kerala Abkari Act .

2. The prosecution allegation in short is that, on

23.12.2005 at 9.30 hours, the revision petitioner/accused was found in possession of 4 litres of arrack contained in a jerry can at the public road Vannaravayal-Udayamangalam and thereby committed the alleged offences.

3. The prosecution in support of their case examined PWs 1 to 6 and Exts P1 to P12 were marked. The trial Court found the accused guilty and convicted her to undergo simple imprisonment for a period of three months and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one month.

4. Aggrieved by the conviction and sentence imposed by the trial Court, an appeal was preferred as Crl.Appeal No.359 of 2010 before the Sessions Court, Kasaragaod, which also ended up in dismissal whereby the conviction and sentence imposed by the trial Court was upheld.

5. The learned counsel for the revision petitioner raised the following contentions: