ORDER

This revision petition has been preferred by the accused against the judgment in Crl.Appeal No.363/2002 before Additional Sessions Judge, N. Paravur. They were accused in C.C.No.328/1998 before Judicial First Class Magistrate-1, Aluva for offence punishable u/s.55(a) of the Abkari Act. The charge against the accused is that on 31.3.1996 at 8.30 p.m., they were found in possession of 170 litres of rectified spirit inside the car shed in house No.365 in Ward III of Chengamanadu Panchayat. The Preventive Officer and party detected the offence and registered a crime and occurrence report. After completing investigation, the Excise Inspector, Aluva laid charge before Judicial First Class Magistrate Court-I, Aluva.

2. During trial, prosecution examined PW1 and PW2 and marked Exts.P1 to P4. MO1 to Mo5 were admitted in evidence. The incriminating circumstances brought out in evidence were denied by the accused while questioning them u/s.313 Cr.P.C. They did not adduce any defence evidence. During trial, A3 died. Hence, the charge against him was abated. The learned Magistrate convicted the accused 1 and 2 u/s.55(a) of the Abkari Act and sentenced to simple imprisonment for one year and