O R D E R

The judgment dated 03.12.2012 of the Additional Sessions Court-II, Thodupuzha in Crl.A No.129/2012, upholding the conviction of the petitioner for the commission of offence under Section 8 (2) r/w (1) of the Abkari Act , is under challenge in this revision petition filed by the accused in that case.

2. The allegation against the petitioner was that he was found to have been in possession of 35 litres of arrack in a plastic jerry can of 35 litres capacity held by him while coming through a pathway in a tea plantation in Ayyappankovil Village. The Excise Inspector of Excise Range Office, Kattappana and his team are said to have detected the offence and arrested the petitioner on the spot. Sample of the contraband arrack is said to have been collected then and there. After the completion of the further proceedings of investigation, the Excise Inspector of Excise Range Office, Kattappana laid the final report alleging the commission of the aforesaid offence by the accused.

3. In the trial before the Assistant Sessions Court, Kattappana, the prosecution examined five witnesses as PW1 to PW5 and marked 7 documents as Exts.P1 to P7. Two material objects were identified as MO1 an