THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.804 OF 2006
ORDER:
This revision is filed by the petitioners/accused challenging the Judgment of the III Additional District and Sessions Judge (FTC), Gadwal, dated 30.12.2005 passed in Criminal Appeal No.205 of 2000, confirming the conviction imposed by the Judicial Magistrate of first Class, Gadwal, in C.C.No.128/2000, dt.15.11.2000, and sentence of Simple Imprisonment for a period of one year, each, and a fine of Rs.5,000/- each, for the offence punishable under Section 8(b)(ii) of the A.P.Prohibition Act.
2. Heard learned counsel for the revision petitioners and the learned Additional Public Prosecutor for the respondent-State. Perused the record.
3. Briefly, the case of the prosecution is that these petitioners on 11.12.1996 were found with 14 bottles of Whisky of 750 ml each. Since there was prohibition in the State of Andhra Pradesh, at the relevant time, the possession of whisky bottles is an offence for which reason, the police seized the 2 whisky bottles and charge sheeted the accused after investigation.
4. Learned Magistrate by order dated 15.11.2000, found the petitioners guilty and sentenced to one year simple imprisonment and a fine of Rs.5,000/- each.
5. On appeal, the learned Sessions judge found that the finding of learned Magistrate is on the basis of evidence adduced and needs no interference.
6. Learned Counsel appearing for the petitioners would submit that the offence is of the year 1996 and nearly 26 years have elapsed.
7. Keeping in view that there were 14 bottles which are found with these petitioners, the sentence of imprisonment can be reduced to the period already undergone.
8. Accordingly, the Criminal Revision Case is partly allowed reducing the sentence of imprisonment of the petitioners to the period already undergone.
Miscellaneous Petitions, if any, pending, shall also stand closed.
__________________ K.SURENDER, J Date: 22.11.2022 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.804 OF 2006 Dt. 23.11.2022 tk