HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL. REVISION CASE No. 974 OF 2004 Wednesday, the Fourth Day of July, Two Thousand and Ten Between Ginkala Rangaswamy Petitioner AND The State of Andhra Pradesh, Though Prohibition & Excise Inspector, Dhone, Rep. By Public Prosecutor, High Court of A.P., Hyderabad Respondent ORAL ORDER: The petitioner herein was tried by the Addl. Judicial Magistrate of First Class, Dhone, in CC No. 839 of 2000 for the offence punishable under Sec.8(e) read with Sec. 7(a) of the A.P. Prohibition Act. During the course of trial, PWs 1 to 4 were examined and Exs. P-1 to P-8 were marked on behalf of the prosecution. The petitioner has not chosen to examine anybody and also did not choose to file any document. Having analysed the oral and documentary evidence, the learned Judicial Magistrate of First Class, Dhone, by his judgment dated 2.8.2002, held that the prosecution has established guilt of the petitioner and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of one year each for the offences under Sec.8(e) read with Sec. 7(a) of the A.P. Prohibition Act and to pay a fine of Rs.10,000/- each, in default of payment thereof, to suffer simple imprisonment for three months. The said judgment was questioned by the petitioner by filing Criminal Appeal No.142 of 2002 and the learned IV Addl. District Judge, Kurnool, by his judgment dated 09.06.2004, while concurring with the findings recorded by the trial court in respect of the petitioner herein, had dismissed the appeal. Hence, the present Criminal Revision Case by the Accused No.1. The case of the prosecution in brief is that on 31.1.1997 at about 4.00 p.m., the excise officials found the petitioner herein attending a live still in Bikkalavandla slab mine and on search, they noticed 16 drums with each 200 liters of F.J. Wash kept in two rows, three iron drums each containing 150 liters of F.J. Wash, six bamboo pipes attached to six receiver pots and eight mud pots containing 15 liters of I.D. liquor in each pot. After lifting the sample and obtaining the report from the Chemical Analyst, who opined that the illicitly distilled liquor is not fit for human consumption and after completion of investigation, charge sheet was filed against the petitioner and others. Apparently, the alleged offence took place when the prohibition was introduced in the State of Andhra Pradesh in the year 1995 and minimum sentence was prescribed. Subsequently, the prohibition was removed in the State of Andhra Pradesh. Accordingly, in the year 1997, amendments were brought in stating that the offences falling under the A.P. Prohibition Act are compoundable. Thereafter, the said Act was repealed. When the said Act itself is not in force, this court is of the view that a lenient view can be taken. From the record, it is clear that the petitioner was arrested on the same day when the offence has taken place and he was in jail for some time and later when the appeal was dismissed on 9.6.2004, again the petitioner was taken in custody and came out of the jail by virtue of the bail granted to him by this court on 22.06.2004. Thus it is clear that the petitioner has undergone substantive sentence. In the light of the above facts, the sentence of imprisonment of one year under each count is reduced to that of the period already undergone. With this modification in the sentence of imprisonment, the Criminal Revision Case is dismissed confirming the impugned judgment in all other aspects. _____________________________ Justice Gopala Krishna Tamada August 4, 2010 MAS