J U D G M E N T

This appeal is preferred against the judgment of conviction and sentence dated 26.7.2004 made in SC 222/2003 on the files of the Third Additional Sessions Court (Adhoc) Fast Track Court No.II, Thrissur. The conviction is under Section 55(g) of the Abkari Act.

2. The facts relevant for consideration of this appeal is as follows:

On 24.11.1999 at 4 pm the accused was found in possession of equipments for manufacturing illicit arrack and he was found in possession of 15 ltrs of wash in a black jerry can and thereby committed the above offence. The prosecution altogether examined 3 witnesses and Exts.P1 to P11 were marked. MOs 1 to 7 were also identified. After appreciating the evidence, the court below convicted the accused and sentenced to rigorous imprisonment for one year and to pay a fine of Rs.1 lakh with default rigorous imprisonment for three months.

3. When the appeal came up for hearing, the learned counsel appearing for the appellant argued before the court that in this case, a search was allegedly conducted and contraband was seized. But as per the evidence of PW1, it can be seen that first there was seizure of wash by PW1. Thereafter PW1 and party proceeded and