GAJAMKER NARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is filed against the judgment dated 02-06-2001 passed in Crl.A.No. 77 of 1998 on the file of the Additional Sessions Judge, Medak at Sangareddy, confirming the conviction and sentence of six months simple imprisonment and fine of Rs. 5,000/- imposed by the Judicial Magistrate of First Class, Special Court for Prohibition and Excise Offences, Sangareddy, for the offence under Section 8(b)of the A.P. Prohibition Act, 1995.

(2.) The case of the prosecution is that on 03-09-1995, at Rangadampally village, the Excise Officials apprehended the accused as he was found in possession of a plastic can containing 10 litres of I.D. liquor. The same was seized in the presence of panchas under the cover of Panchanama, Ex. P-1, after drawing samples. On analysis, the contents were found to be I.D. Liquor. Therefore, the accused was charge-sheeted for the offence punishable under Sec. 34(a) of the A.P. Excise Act and Section 8(b) of A.P. Prohibition Fraught Act, 1995. In support of the case of prosecution, P.Ws. 1 to 3 were examined and Exs. P-1 to P-5 were marked. The trial Court after consideration of the material on record found him guilty of the offence punishable under Section 8(b) of the A.P.Prohibition Act, 1995 and the same was confirmed in appeal.

(3.) Learned Counsel for the revision petitioner urged two points before me. Firstly, the provisions of Section 100(4) Cr.P.C. were not followed while seizing the alleged I.D. liquor from the possession of the accused. Secondly, there is no independent testimony to show that the accused was found in possession of 10 litres of I.D. liquor.