(1.) The appellant along with one T.V. Raghavan Pillai (since deceased) and Ismail (absconding accused), were found to be in possession of 7985 litres of spirit in 42 barrels by the Circle Inspector of Police, Hosdurg.
(2.) Seizure of the said excise article was made on the basis of the information received by the said officer from DYSP, Kanhangad to the effect that spirit for the purpose of manufacturing arrack was stored in a house in Koolingal, without any permit. Admittedly, all the three accused were found to be in possession of the said excise article.
(3.) They were prosecuted under Section 55 of the Kerala Abkari Act ("the Act", for short) and were found guilty therefor.