R.RAGHUNANDAN RAO
Pothabathula Abbulu – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
R Raghunandan Rao, J. - A raid was conducted by the Prohibition and Excise Inspector, Enforcement, Kakinada along with his staff on a thatched house in Bhirawapalem village, where accused Nos.1 to 3 were found conducting liquor and arrack business without permit or license and about 20 lts of I.D liquor in a white plastic can with another 50 lts of ID liquor in three black plastic cans were found. Apart from this, four cardboard boxes containing about 92 bottles of Rum, 3 bottles of 180 ml Whisky and 8 bottles of 375 ml Whisky were found. On the basis of recovery of the above alcohol, Crime No.32/2001-02 was registered against eight accused persons for the offences under Sections 7(A) r/w 8 (e) of A.P.Prohibition Act and Section 34(a) of A.P.Excise Act. Thereafter, the crime was taken up as C.C.No.395 of 2001 by the Judicial Magistrate of First Class, Mummidivaram. During the course of the trial, Accused No.3 had passed away and the case abated against Accused No.3. The case against Accused Nos.5 and 8 were separated and registered as a fresh case vide C.C.No.373 of 2002. Trial was taken up for Accused Nos.1, 2, 4, 6 and 7. After the trial, the trial Judge found that the ac
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