The appellant is the accused in S.C. No. 267 of 2007 on the

file of the III Additional Sessions Court (Adhoc-I), Thodupuzha for

offences punishable under Sections 8(1), 8(2) and 55(g) of the

Kerala Abkari Act.

Crl.Appeal No. 147/2010

: 2 :

2. The case of the prosecution is that on 05.03.2007, at

about 8.30 p.m., the accused persons were found dealing with wash

and arrack and found keeping 170 litres of wash and 2.500 litres of

arrack and utensils for brewing arrack by the side of Kallakuttyyar

and thereby they have committed the aforesaid offences.

3. The learned Sessions Judge, as per judgment dated

15.12.2009, found him guilty of the offences, convicted and

sentenced him to undergo rigorous imprisonment for a period of two

years and to pay a fine of Rs.1,00,000/- for the offences under

Sections 8(1) and 8(2) and simple imprisonment for two years and

to pay a fine of Rs.1,00,000/- for the offence under Section 55(g).

The sentences were directed to run concurrently. Hence, this

appeal.

4. The learned counsel for the appellant contended that the

court below ought to have found that the Excise Party did not

comply with Section 53A of the Abkari Act w