DALAVA SUBRAHMANYAM, J.

( 1 ) THE revision petitioner/accused filed this revision against the judgment of conviction and sentence passed in C. C. No. 1180 of 1996 30-12-1997 by the Special Judicial First Class Magistrate for Prohibition and Excise offences, Proddatur, which was confirmed in Criminal Appeal No. 14 of 1998 by the I Additional Sessions Judge, Cuddapah.

( 2 ) THE brief facts of the case are as follows : on 17-5-1993, at about 5. 00 p. m. , the Excise Sub-Inspector, Mydukur, along with the District Squad Officials and Panchayatdars proceeded to Venkatapuram Village and found the accused in possession of and concealing five card board boxes with paddy hay in the hayrick yard by side of the house bearing No. 21/71 and concealed 48 nips of Roman Eagle Whisky. The contraband was seized consisting of 5 cardboard boxes containing each 48 nips of Spurious Indian Liquor. The samples were drawn in the presence of Panchayatdars. After investigation, charge sheet was laid against the accused.

( 3 ) THE prosecution examined PWs 1 to 5 and marked Exs. P1 to P9 and Mos. 1 to 15.

( 4 ) THE Special Judicial Magistrate of First Class for Prohibition and Excise, Cuddapah found that the pr

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