PEDAKAPU THAVUDU Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 08. 12. 2004 in Crl. A. No. 120 of 2004 passed by the learned Additional sessions Judge, Vizianagaram, whereby and whereunder the learned Sessions Judge dismissed the appeal and confirmed the judgment passed by the Special Judicial magistrate of First Class (Excise), vizianagaram, dated 19. 07. 2004 in C. C. No. 44 of 2004 convicting the petitioner for the offence punishable under Section 7 (a) read with 8 (e)of the A. P. Prohibition Act (Amended Act) and sentencing him to suffer rigorous imprisonment for one year to pay a fine of Rs. 5,000/- in default to suffer simple imprisonment for three months.

(2.) THE petitioner herein shall be referred as accused hereinafter for the sake of convenience.

(3.) THE petitioner herein is Pedakapu thavudu is arrayed as A4 before the trial Court. The prosecution case in brief is that on 07. 02. 1997 at about 11. 30 A. M. While the prohibition and Excise Inspector along with staff conducting raids proceeded towards neelamrajupeta Village and noticed some smoke coming from the bushes at hill area. They went towards hill area, found A1 sitting before a live still, A2 collecting ID arrack from the still, pouring into a can and A3 and A4 coming towards still carrying pots with FJ wash. On seeing the raiding party A3 and A4 tried run away, but they were caught. Then the prohibition and Excise Inspector sent PW. 1-Head Constable to secure mediators from the village, but after some time, he returned and informed that nobody was willing to act as mediator. Then, search proceedings were conducted and the contraband was seized. The samples were collected under seizure proceedings. The samples were sent to the laboratory and analyst opined that one sample was ID liquorand another sample was FJ wash fit for distillation. After completing investigation, charge sheetwas filed against the accused for the offence punishable under Section 7 (a)read with 8 (e) of the A. P. Prohibition (Amendment) Act.