BANKA VENKATA RAO Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 19.02.2008, passed by the I Additional District and Sessions Judge, Vizianagaram, in Criminal Appeal No.93 of 2003, whereunder and whereby the conviction passed against the revision petitioner herein for the offence punishable under Section 34(a) of the Andhra Pradesh Excise Act, 1968 (for short, 'the Act') vide the judgment dated 23.07.2003 in C.C.No.32 of 2003 by the Judicial Magistrate of First Class, Kothavalasa, was confirmed while the sentence was modified.

(2.) THE revision petitioner herein is the accused, whereas respondent is the complainant in C.C.No.32 of 2003 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C before the trial Court.

(3.) THE brief case of prosecution is that on 29.01.2000 at about 04:10 p.m, while PWs.1 and 2 were doing the route watch conducted by the Vigilance and Enforcement Unit of Srikakulam, the accused was found in possession of four card board boxes containing 5 nips of M.C.Brandy containing 180 ml each, 23 nips of CI Fine Whisky, 13 nips of Andhra Tiger Whisky, 13 nips of Puma Malt Whisky, 3 nips of MC Whisky, 2 nips of Director Special Black Whisky, 2 nips of Officers Choice Whisky, 1 nip of Doctors Crazy Whisky, 4 Haywards 5000 beer bottles, 6 Khajuraho beer bottles, 2 Haywards 200 beer bottles, 2 Haywards 2000 beer bottles, one Kalyani black label beer bottle and 6 loose bottles, without any permit or license. The said property was seized under the cover of panchanama at the scene of offence and the same was sent to Excise Laboratory for chemical examination. Basing on the occurrence report, a case in Cr.No.233 of 1998 -1999 for the offence punishable under Section 34(a) of the Act was registered and First Information Report was issued. The Investigating Officer after receiving the report from the Chemical Examiner, who opined that the samples are substandard Indian made liquor and beer, and after completing the investigation, filed the charge sheet into the Court.