CHERIBOYINA KRISHNA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision case is filed against the judgment dated 9-1-2001 in Criminal Appeal No. 508 of 1999 on the file of IVth Additional Sessions Judge, Guntur, confirming the conviction and sentence dated 23-9-1999 in C.C. No. 1057 of 1996 on the file of Special Judicial First Class Magistrate (Prohibition and Excise), Guntur.

(2.) According to the prosecution on 17-10-1993 at about 7.30 p.m. the house of the accused was searched by Excise Officials in the presence of punch witnesses and they found a brass vessel containing 82 sachets, out of them 13 sachets did not bear any mark of the district and the remaining sachets were found having stamp of Medak district. As per the Analyst report, the samples collected from out of those sachets contained diluted arrack. The plea of the accused is total denial. The learned Magistrate found the accused guilty and convicted him for the offence punishable under S. 34(f) of A.P. Excise Act (for short "the Act"). The learned Magistrate sentenced the accused to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 500/- in default to undergo simple imprisonment for three months. The said conviction and sentence are confirmed by the learned Sessions Judge, Guntur in an appeal preferred by the accused. Aggrieved thereby, the accused preferred the present revision-petition.

(3.) The learned Advocate for the appellant contended that there are serious discrepancies in the evidence adduced by the prosecution and the version put forward by the prosecution cannot be accepted. The discrepancies pointed out, in my considered opinion, are not major discrepancies. For seeking conviction under S. 34(f) of the Act, the prosecution has to prove that the accused bottled any liquor for the purpose of sale. There is evidence of the punch witness P.W. 1 and the Excise Officials P.W. 2 and P.W. 4 showing that on the date of offence 82 sachets were found at the residence of the accused.