THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1725 OF 2004 JUDGMENT: A charge sheet in P.R.No.71/94-95 was filed by the Inspector of Police, Prohibition and Excise Police Station, Nellore, against seven persons for the alleged offence punishable under Section 8(b) of A.P. Prohibition Act. The same was taken on file as C.C.No.1826 of 1996 by the learned Special Judicial Magistrate of First Class for trial of Prohibition and Excise Offences, Nellore. During the course of trial, Accused Nos.4 and 5 died. On behalf of the prosecution, P.Ws.1 to 3 were examined and Exs.P-1 to P-6 were got exhibited, besides material objects M.Os.1 to 27. On behalf of defence, none was examined, however, Exs.C-1 to C-5-five chemical analysis reports were marked. The trial Court after analysing the entire evidence, both oral and documentary, on record acquitted Accused Nos.6 and 7, but, however, found the petitioner herein-accused No.1 and two others guilty of the said offence and accordingly, sentenced them to suffer simple imprisonment for six months each and to pay a fine of Rs.5,000/- each, in default to suffer a further simple imprisonment for six months each. The same was questioned by them by filing Crl.A.No.83 of 2001 and the learned II Additional District Judge, Nellore vide his judgment, dated 31.08.2004, while holding that accused Nos.2 and 3 are not guilty of the said offence and accordingly, acquitted them, however, found the petitioner herein-accused No.1 guilty of the said offence and accordingly, confirmed the conviction and sentence imposed on him by the trial Court. Challenging the same, the Criminal Revision Case is filed. The case of the prosecution, in brief, is that on 04.04.1995, at about 9 am, on credible information about the transport of liquor, the Prohibition and Excise Inspector, Nellore, conducted search on the ambassador car bearing No.AEN-873 which was kept infront of the office of Sri Krishna Andhra Lorry Goods Booking Transport and found the liquor bottles in card board boxes. On enquiry, A-1-the petitioner herein confessed that he with the assistance of A-2 and A-3 were transporting the liquor bottles in card board boxes in the lorry from Madras to Nellore. After completion of the formalities during the course of investigation, the charge sheet was filed against the petitioner herein-accused No.1 and six others for the offence punishable under Section 80(b) of A.P. Prohibition Act. When this matter is taken up for hearing, the learned counsel for the petitioner fairly conceded that it is not a case for interference on merits, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner was in jail for about a week. Having regard to the said fact, this Court looked into the record. The lower appellate Court dismissed the appeal on 31.08.2004 and as the petitioner was not present before the Court on the said date, non-bailable warrants were issued against him. Pursuant thereto, the petitioner surrendered before the Court below on 02.10.2004 and filed this Revision and the same was admitted by this Court on 08.10.2004 and bail was granted to him. Further, as the alleged offence is of the year 1995 and the petitioner was in jail for about a week and had also paid the fine amount of Rs.5,000/- imposed on him by both the Courts below, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of six months year for the offence under Section 8(b) of A.P. Prohibition Act imposed on the petitioner-accused No.1 by both the Courts below is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th February 2011 DR