( 1 ) THE petitioner herein was convicted for the offence under Section 8 (b) (ii) of the A. P. Prohibition Act and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for three months by the learned Additional Judicial Magistrate of first Class, Srikalahasti by his Judgment, dated 21-12-2001 in C. C. No. 234 of 2000. Being aggrieved by the same, he filed an Appeal in Crl. A. No. 14 of 2002 on the file of the III Additional Sessions Judge, Tirupati and the same was dismissed by the impugned Judgment, dated 08-01-2004. Being aggrieved by the same, he preferred this Revision Case challenging the conviction and the sentence passed against him.

( 2 ) THE petitioner will be referred to as accused hereinafter. The case of the prosecution is that on 08-08-1997 at about 3-30 PM while the Prohibition and Excise Inspector, Srikalahasti along with his staff and panchayatdars was conducting route watch on Srikalahasti-Pitchatur road near Ramachandrapuram colony, he noticed the Ambassador Car bearing No. AP 26 4466 coming from pitchatur side. The Car was stopped by the Excise Inspector. The accused was driving the car

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