ORDER :—The respondent was charged with an offence under S. 34 (a) of the Andhra Pradesh Excise Act on the allegation that he was found in possession of a quantity of eight litres of illicitly distilled arrack, an intoxicant, in contravention of the provisions of the Act and the Rules made under the Act. The learned Judicial First Class Magistrate convicted him and sentenced him to suffer rigorous imprisonment for a period of two years, which was the minimum sentence that could be awarded for an offence under S. 34 (a) of the A. P. Excise Act. On an appeal preferred by the respondent, the Sessions Judge, Anantapur confirmed the conviction and sentence. The respondent preferred a revision petition before the High Court. The learned single Judge who heard the revision confirmed the conviction. But, on the question of sentence, he observed :

"Mr. T. Ramulu, appearing for the petitioner who has filed this revision through jail, has submitted that the petitioner is, aged 30 years and is a first offender and he has already served a sentence of about 10 months and that the sentence may be appropriately modified. It is true that under the A. P. Excise Act, a statutory minimum sentence is pr