1. This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘Cr. P.C.’) is filed by the revision petitioner herein challenging the judgment dated 19.02.2008, passed by the I Additional District & Sessions Judge, Vizianagaram, in Criminal Appeal No.93 of 2003, whereunder and whereby the conviction passed against the revision petitioner herein for the offence punishable under Section 34(a) of the Andhra Pradesh Excise Act, 1968 (for short, ‘the Act’) vide the judgment dated 23.07.2003 in C.C.No.32 of 2003 by the Judicial Magistrate of First Class, Kothavalasa, was confirmed while the sentence was modified.

2. The revision petitioner herein is the accused, whereas respondent is the complainant in C.C.No.32 of 2003 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C before the trial Court.

3. The brief case of prosecution is that on 29.01.2000 at about 04:10 p.m. while PWs.1 & 2 were doing the route watch conducted by the Vigilance and Enforcement Unit of Srikakulam, the accused was found in possession of four card board boxes containing 5 nips of M.C.Brandy containing 180 ml each, 23 nips of CI Fine Whisky, 13 nips of Andhra Tiger Whisky, 13 nips of Puma Malt Whisky, 3 nips of MC Whisky, 2 nips of Director Special Black Whisky, 2 nips of Officers Choice Whisky, 1 nip of Doctors Crazy Whisky, 4 Haywards 5000 beer bottles, 6 Khajuraho beer bottles, 2 Haywards 200 beer bottles, 2 Haywards 2000 beer bottles, one Kalyani black label beer bottle and 6 loose bottles, without any permit or license. The said property was seized under the cover of panchanama at the scene of offence and the same was sent to Excise Laboratory for chemical examination. Basing on the occurrence report, a case in Cr.No.233 of 1998-1999 for the offence punishable under Section 34(a) of the Act was registered and First Information Report was issued. The Investigating Officer after receiving the report from the Chemical Examiner, who opined that the samples are substandard Indian made liquor and beer, and after completing the investigation, filed the charge sheet into the Court.

4. Before the trial Court, the learned Judicial Magistrate of First Class, Kothavalasa, took cognizance of the case and framed a charge for the offence punishable under Section 34(a) of the Act against the accused. During trail, on behalf of prosecution, PWs.1 & 2 were examined and Exs.P1 to P5 and MOs.1 to 23 were got marked.

5. After closure of the prosecution evidence, accused was examined under Section 313 Cr. P.C., putting the incriminatory material deposed against him. The Accused denied the same and reported no oral or documentary evidence on his behalf. After hearing the arguments and after perusing the record, the learned Magistrate held that accused has failed to produce any permit or license for having the contraband with him and basing on the chemical examiner’s report that the samples are substandard Indian made liquor and beer, the prosecution able to prove the guilt of the accused and therefore, convicted and sentenced him to undergo Rigorous Imprisonment for a period of one year and also to pay a fine of Rs.5,000/- and in default of payment, to undergo Simple Imprisonment for a period of three months for the offence punishable under Section 34(a) of the Act.

6. Aggrieved by the conviction and sentence passed by the trial Court, accused preferred Criminal Appeal No.93 of 2003 before the I Additional District & Sessions Judge, Vizianagaram, where the appellate Court after considering the oral and documentary evidence, after hearing both sides and after perusing the findings of the trial Court, confirmed the conviction, but reduced the sentence from one year to six months.

7. Being aggrieved by the finding of the appellate Court passed in Criminal Appeal No.93 of 2003, accused preferred the present revision case.

8. The learned counsel appearing for t