SOBBELLA VEERAYAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Revision Case is directed against the judgment in Crl.Appeal. No.96/82 on the file of the Court of the Sessions Judge, East Godavari, at Rajahmundry. The facts that led to this revision case is as follows:

(2.) The Excise Sub-Inspector of Ananparty range filed a complaint against these two revisionists, who are A-1 and A-2. in the case for the offence punishable under section 34(a) of the A.P. Excise Act. It is alleged that on 31.5.1979 at 2 p.m. house bearing door No. 1-281 at Anaparthy Village was searched by the Excise Officers and only A-1 was present at that time. In that house 20 kgs. of ganja kept is a gunny bag was seized . It was later found on chemical examinations that the material seized is 'ganja'. With this allegation, a charge-sheet is filed in the Court of the Additional Judicial Magistrate of the First Class, Ramachandrapuram, and a trial took place against them in C.C.No. 120/80. The learned Magistrate found both the accused guilty of the offence under section 34(a) read with section 14 of the A.P. Excise Act and sentenced each one of them to undergo R.I. for two years and to pay a fine of Rs.100/- and in default to suffer imprisonment for one month each. The accused then took the matter in appeal to the Court of the Additional Sessions Judge, Rajahmundry. The learned Additional Sessions Judge in his judgment dated 20.12.1982 dismissed the appeal confirming the conviction and sentence. Against this judgment, the present revision case is preferred by the two accused.

(3.) Now, the question before us is whether the judgments of the two lower courts suffer from any incorrectness, impropriety or illegality?