O R D E R

This criminal revision petition is preferred impugning the judgment of the learned 1^st Additional Sessions Judge, Thodupuzha in Crl.A.No.108 of 2010.

2. The revision petitioner herein is the sole accused in Crime No.51/02 of the Excise Range Office, Udumbanchola, registered for offence punishable under Section 8(1) and (2) of the Abkari Act .

3. The prosecution case is that, on 28.06.2002 at about 5.30 p.m., the accused was found carrying a plastic bottle which contained around 1200 ml. of illicit arrack.

4. The learned Judicial First Class Magistrate, Nedumkandam took cognizance of the offence as C.P.No. 60/2007. Thereafter, the case was committed to the Sessions Court, Thodupuzha. The Court of Sessions, Thodupuzha made over the case to the Assistant Sessions court, Kattappana for trial and disposal.

5. 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 a period of one month.

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

7. Before the