DATLA KRISHNAM RAJU Vs. EXCISE SUB INSPECTOR KOWTALAM

JUDGEMENT

(1.) This revision is against the confirming judgment with regard to the offence that has been committed by the petitioner under Section 34 (a) of the A P Excise Act.

(2.) The case of the prosecution is that on 6-6-89 at about 4-30 p.m. the accused was found in possession of a gunny bag containing 100 packets of plastic arrack packets each measuring above 90 ML packets of arrack and since the accused failed to submit proper explanation the Excise Sub-Inspector along with his staff arrested the accused and seized the arrack and after receiving the report from the analyst the S. I. filed the case against the accused. Before the Magistrate the prosecution examined P Ws. 1 and 2 and on considering the entire material available on record the Magistrate convicted the accused for the offence under Section 34 (a) of the Act and the same was confirmed by the appellate Judge.

(3.) In this case the accused was found in possession of 100 packets of arrack and it cannot be said that the entire quantity that has been found in his possession is for his personal consumption or for the consumption of his family. It is found that the seized arrack was highly diluted.