O R D E R

The concurrent verdicts of the Judicial First Class Magistrate Court, Adoor, and the Sessions Court, Pathanamthitta, in C.C.No.985/1997 & Crl.A.No.240/2004 respectively, convicting and sentencing the petitioner for the commission of offence under Section 58 of the Abkari Act , are under challenge in this revision petition.

2. The prosecution case is that in a search conducted at the residence of the petitioner by PW4 and his team, at 05:00 p.m, on 20.11.1996, 89 litres of spirit meant for the purpose of sale was recovered. It is stated that the petitioner, who was present there, had fled from the scene, and hence he could not be apprehended at that time.

3. In the trial before the learned Magistrate, six witnesses were examined from the part of the prosecution as PW1 to PW6, and seven documents were brought on record as Exts P1 to P7. One set of material objects were marked as MO1 series. After an evaluation of the aforesaid evid