IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 30TH NOVEMBER 2007 / 9TH AGRAHAYANA 1929 Crl.Rev.Pet.No. 473 of 2000 ----------------------------- CRA.137/1998 of ADDL.SESSIONS COURT-II, KOZHIKODE CC.197/1996 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... REVN. PETITIONER: ACCUSED:- ------------------ DAMODARAN, S/O. CHOYIKKUTTY, VADAKKETHODIKAYIL HOUSE, PERUVAYAL AMSOM, MUNDAKKAL DESOM, KOZHIKODOE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT:COMPLAINANT:- ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/11/2007, THE COURT ON 30/11/2007 PASSED THE FOLLOWING: Crl.M.P.No. 2677/2000 in Crl.R.P..No. 473/2000 Dismissed. 30-11-2007 Sd/-A.K. Basheer, Judge. mn. K.Thankappan,J. - - - - - - - - - - - - - - - - Crl.L.P.No. /2006 - - - - - - - - - - - - - - - - Judgment -12-2006 A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No. 473 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2007. ORDER Petitioner was tried for an offence punishable under Section 58 of the Abkari Act. The prosecution case in brief was that he was found in possession of 2 ½ litres of illicit arrack on October 16, 1995. The prosecution had examined Pws.1 to 5 and marked Exts.P1 to P5 and M.O.1 on its side. Dws.1 and 2 were examined on the side of the defence. The trial court after an elaborate consideration of the oral and documentary evidence on record found that the petitioner was guilty of the offence punishable under Section 58 of the Act and he was accordingly convicted and sentenced to undergo Simple Imprisonment for 3 months and to pay a fine of Rs.15,000/- and in default to suffer Simple Imprisonment for one month. The appeal preferred by the petitioner against the above order of conviction and sentence was dismissed. 2. It is contended by learned counsel for the petitioner that the order of conviction and sentence is totally illegal and unsustainable.