offence under section 55(g) of the Abkari Act. According to the prosecution, PWs 2 and 3 conducted search in the house of one Vilasini and the accused was found engaged in the distillation of illicit arrack using 7 litres of wash and therefore, the accused has committed the offence punishable under section 55(g) of the Abkari Act. To prove the above allegation, the prosecution has pressed into service the oral evidence mainly that of PW2 and PW3. PW2 is the then Head constable attached to Sulthan Bathery police station who accompanied PW3, then additional S.I of police of the above police station. When PW2 was examined, he had deposed that on 1.7.2004, he along with other police constables and PW3 while discharging the beat duty at Pazhaputhoor - Chappamkolly area, they incidentally came to the house of the accused and found the accused engaged in distillation of arrack. The liquid containing M.O1 vessel, according to PW2, was identified as wash by smelling and tasting. According to PW2, the samples were collected in two bottles of 375 ml and the same were sealed and affixed with label containing signature of the accused, PW3 and independent witnesses. He had identified the accused during the
