MUDAVATH MOTHIA Vs. STATE OF A P

JUDGEMENT

(1.) This revision is directed against the conviction and sentence of imprisonment of six months rigours imprisonment and fine of Rs. 10,000/- awarded by the learned II Additional District & Sessions Judge, Rangareddy District in Criminal Appeal No. 119 of 1998 dated 30th June 2000.

(2.) It is the case of the prosecution that the revision petitioners were found in possession of 66 I.D. Liquor Sachets containing 90 ml. each on 16-12-1994 at about 9.40 p.m. by the Assistant Excise Superintendent. Enforcement, Rangareddy District and others and proceedings were drafted on interrogation which led to the confession. The charge-sheet was laid under Sec. 34 (a) of the A.P. Excise Act against the revision petitioners after receipt of report dated 20-1-1995 from the Chemical Examiner and after completing the investigaton.

(3.) It is contended by the revision petitioner's counsel that the independent mediators were not examined and therefore the proceedings are hit by Section 27 of the Indian EVIDENCE ACT, 1872 and, as there is no legal evidence, the accused/revision petitioner is entitled for acquittal.