ORDER

The revision petitioner is the accused in S.C.No.438 of 2006 on the file of the Assistant Sessions Judge, Kattappana alleging commission of offence punishable under Section 8 (1) and (2) of the Abkari Act .

2. The prosecution case is that the Excise Inspector of Peermade Range, accompanied by the Preventive Officer and other officials while conducting patrol duty at around 4.00 p.m on 24.1.2004, nearby the T.R & T Estate situated at Chennapparamukal kara in Peruvanthanam Village, found out the accused transported around 15 litres of arrack in a 35 litres volumed plastic can. He was arrested from the place and seized the contraband article from the possession of the accused.

3. On the side of the prosecution, PWs.1 to 5 were examined and Exts.P1 to P8 and MO1 were marked.

4. The trial court on consideration of the evidence adduced found that the accused is guilty of the charges levelled against him and he was convicted and sentenced to undergo simple imprisonment for a period of 5 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one year.

5. Aggrieved by the said conviction and sentence, an appeal was prefer