ORDER

Revision petitioner was convicted and sentenced for offence under Section 55(a) of the Abkari Act to undergo rigorous imprisonment for a period of one year and to pay a fine of `.25,000/- and in default to undergo rigorous imprisonment for a period of three months. In appeal, the Sessions Court confirmed the conviction, but altered the sentence to three months' rigorous imprisonment. This revision is filed against the said conviction and sentence.

2. According to prosecution, on 04.01.1997 at about 6.30 p.m., while PW1, the Excise Inspector and party, including PW4 and another official witness, were on patrol duty in Kumbalagad desom, they saw the accused carrying a can containing arrack along the road in front of the house of one Sreedharan, PW3. On examination of the article, it was found to contain about 2.5 litres CRRP 652/02 2 of arrack. The accused was arrested and on questioning, he took out aluminum can, pot etc., which are marked as MOs 2 to 4, fifteen yards away from the first place of recovery near a paddy field. Samples were taken from the arrack seized and mahazar- Ext.P2 was also prepared and articles were seized. Ext.P1 occurrence report was prepared and complain