This revision is directed against the Judgment dated 08.12.2004 in Crl.A.No.120 of 2004 passed by the learned Additional Sessions Judge, Vizianagaram, whereby and where under the learned Sessions Judge dismissed the appeal and confirmed the judgment passed by the Special Judicial Magistrate of First Class (Excise), Vizianagaram, dated 19.07.2004 in C.C.No.44 of 2004 convicting the petitioner for the offence punishable under Section 7(a) read with 8(e) of the A.P. Prohibition Act (Amended Act) and sentencing him to suffer rigorous imprisonment for one year to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for three months.

2. The petitioner herein shall be referred as accused hereinafter for the sake of convenience.

3. The petitioner herein is Pedakapu Thavudu is arrayed as A4 before the trial Court. The prosecution case in brief is that on 07.02.1997 at about 11.30 A.M. While the Prohibition and Excise Inspector along with staff conducting raids proceeded towards Neelamrajupeta Village and noticed some smoke coming from the bushes at hill area. They went towards hill area, found A1 sitting before a live still, A2 collecting ID arrack from the still, po