BOYA GOPAL Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Revision Case is preferred against the concurrent judgments of conviction and sentence passed against the petitioners/A.1 and A.2 for the offences punishable under Sec. 7 (A) r/w 8 (e) of A.P. Prohibition Act, 1995 in C.C.No.308 of 2006, which was confirmed in Criminal Appeal No.40 of 2007 dtd. 22/7/2008, wherein the petitioners are sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.10,000.00, in default to suffer rigorous imprisonment for a further period of three months.

(2.) The case of the prosecution in nutshell is that on 23/6/2006 on information about illegal transportation of arrack sachets across the border of Karnataka State, the Inspector of Prohibition and Excise, Yemmiganur, along with police officials and excise staff proceeded to the road leading from Yemmiganur to Malapalli village i.e., near L.L.C. Canal Culvert, and found the accused along with three plastic sacks containing 200 arrack sachets of 100ml each.

(3.) The Excise Inspector for the purpose of analysis collected samples under Mos. 1 to 3. The remaining sacks were seized under the PanchanaEX.P.1., basing on which, a crime was registered under Ex.P.2-FIR. With the permission of the Court, he disposed off the contraband under Ex.P.6 vide Sec. 13 (2) of the Act after obtaining destruction orders from the Deputy Commissioner of Excise vide Ex.P.5. In the meanwhile, he received the report under Ex.P.4 from the Government Regional Prohibition and Excise Laboratory, Kurnool, stating that the samples seized were diluted arrack which are unfit for human consumption. Thereafter, the Inspector of Prohibition and Excise filed Charge sheet. The accused pleaded not guilty and claimed to be tried before the trial Court. The trial went on. PWs. 1 to 3 were examined and Exs. P.1 to P.6 were marked on behalf of the prosecution. One of the panchayatdars i.e., B. Hanumanna was examined as DW.1. Ex. D.1 is the signature of DW.1 in the panchanama, dtd. 23/6/2006. The material objects i.e., Mos. 1 to 3 were produced before the trial Court.