K.T.THOMAS, M.B.SHAH
State of A. P. – Appellant
Versus
M. Poshetty – Respondent
( 1 ) SERVICE is complete.
( 2 ) LEAVE granted.
( 3 ) NOBODY is appearing for the respondent.
( 4 ) WE heard learned counsel for the state of Andhra Pradesh. In this case respondent was convicted by the trial court of offence under Section 34 (A) of the Andhra Pradesh Excise Act and was sentenced to undergo imprisonment for one year and to pay a fine of Rs. 5,000. 00. He filed an appeal before the sessions court and his conviction was confirmed but the sentence was reduced to imprisonment for 6 months but the fine portion was retained untouched. The respondent preferred a Revision before the High court and the learned single Judge of the High court has disposed of the said Revision with the following reasoning: "the ingredients of Section 34 (A) of the act have not been established. The evidence in this case is shaky. The courts below on such evidence erred in convicting the revision petitioner. Accordingly, the conviction and sentence passed against the petitioner - accused are set aside and he is acquitted of the charge. He shall be set free forthwith if not required in any other case. "
( 5 ) WE are unhappy to point out that the aforesaid type of slipshod exercise of revisional p
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