O R D E R

The concurrent findings of the Assistant Sessions Court, Karunagappally, and the Additional Sessions Court-III, Kollam, in S.C.No.390/2010 and Crl.A.No.173/2016, respectively, convicting and sentencing the petitioner for the commission of offence under Sections

8(1) & 8(2) of the Abkari Act , are under challenge in this revision.

2. The prosecution case is that on 22.05.2008, at about 07:30 a.m., the petitioner was found to have been in possession of two litres of arrack in a plastic bottle of two litres capacity, by the side of a public road. The Excise Inspector of Excise Circle Office, Karunagappally, is said to have detected the offence and arrested the petitioner on the spot with the contraband item. Sample is also said to have been collected then and there. On report of the matter to the Excise Range Office, Karunagappally, the investigation was carried out by the Excise Inspector of Excise Range Office, Karunagappally, who filed the final report before the Jurisdictional Magistrate.

3. In the trial before the learned Assistant Sessions Judge, five witnesses were examined as PW1 to PW5 on the part of the prosecution, and eight documents were brought on record as Exts