Pommuramidi Venkatesh, vs The Station House Officer, Ghattu ...
2022 Latest Caselaw 6117 Tel

       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

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

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL REVISION CASE No.804 OF 2006

Dt. 23.11.2022

tk