HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.951 OF 2005 Dated 16-12-2010 Between: Neelapu Thathayya. …Petitioner. And: The State of A.P. represented by its Public prosecutor, High Court of A.P., High Court Buildings, Hyderabad. …Respondent. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.951 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of Cr.P.C is filed by the petitioner-accused against the judgment, dated 5-5-2005, rendered in Criminal Appeal No.30 of 2002 by the II Addl. Sessions Judge, (Fast Track Court, Srikakulam whereion the petitioner-accused was convicted for the offence under Section 34 (a) of A.P. Excise Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/-. Learned counsel for the petitioner submits that in view of the G.O.Ms.No.496 of 2000, the said offence is compoundable in nature. This Court is of the view that G.O.Ms.No.496 Revenue (Excise III) dated 25th July, 2000 is not applicable for the offences committed prior to the introduction of the said G.O. But in any event, taking into consideration, the case is pending from the year 2001, this Court is of the view that some leniency can be shown to the accused. Further it is submitted by the learned counsel for the petitioner that the petitioner has already suffered two months imprisonment and also he already paid Rs.5,000/- towards fine. In view of the same, the conviction is confirmed and sentence is modified to the period already undergone by the petitioner-accused. Fine amount is not interfered with. With the above modification, this Criminal Revision Case is disposed of. _______________________ Justice RAJA ELANGO Dated 16-12-2010 Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.951 OF 2005 Dated 16-12-2010