ELIPE DHARMA RAO, J.

( 1 ) THE petitioner herein was prosecuted for the offence under section 34 (a) of the A. P. Excise Act, 1968 (for brevity the Act) in CC No. 442 of 1996 before the learned Special Judicial Magistrate of I Class for Prohibition and Excise offences, Cuddapah, on the allegation that on 19-9-1993 at about 10-00 p. m. , on suspicion, the Excise Inspector, Proddatur, along with his staff and Sub-Inspector of police, Proddatur II Town intercepted the jeep of the petitioner bearing No. TCK 1728 coming from Jinnah Road towards Mydukur and on verification found 18 card board boxes containing different varieties of liquor, which was non-duty paid and the petitioner failed to produce either permit or licence for transporting the contraband. Therefore, they arrested the petitioner, seized the property under cover Special Report, drawn samples from each variety and sent it to the Chemical Examiner. The Analysis report revealed that the samples are beer and Indian Liquor. Therefore, the petitioner was charge-sheeted for transporting non-

( 2 ) TO substantiate the charge, the prosecution examined PWs. 1 to 3 and marked Exs. Pl to P6 and MOs. 1 to 6. The trial Court has consider

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