J U D G M E N T

This appeal is preferred against the judgment of conviction dated 19.10.2005 made in S.C No.40 of 2002 on the files of the Additional Sessions Court, Thalassery. The conviction is under section 55(a) r/w Section 8(2) of the Kerala Abkari Act and sentenced to undergo Simple Imprisonment for one year and to pay fine of Rs.1 lakh, in default, Simple Imprisonment for three months.

2. The facts of the case necessary for disposal of this appeals are as follows.

3. The Preventive Officer attached to Mattannur Excise Range Office detected the abkari offence on 24.07.2000. The appellant was seen in possession of 150 packets, each having a capacity of 100 ml and containing Karnataka arrack.

The Preventive Officer seized the contraband. Two packets were taken and opened and sample collected and reported the matter to the Excise Inspector. Crime was registered therein and after investigation, filed the charge. Prosecution altogether examined three witnesses and Exts.P1 to P6 were marked. Mos 1 and 2 also were marked. After appreciating the evidence, the court below convicted the accused and sentenced as stated above.

4. When the appeal came up for hearing, the learned counsel for t