ORDER :

1. Heard Sri N. Siva Reddy, learned counsel for the petitioner/revisionist and Sri Soora Venkata Sainath, learned Spl. Assistant Public Prosecutor, representing the respondent/ State.

2. This revision has been filed by the petitioner/convict challenging the judgment and order, dated 04.09.2006, passed by the court of Principal Sessions Judge, East Godavari at Rajahmundry in Criminal Appeal No. 31 of 2006, by which the petitioner’s appeal, filed against the judgment and order, dated 19.01.2006 in C.C. No. 367 of 2004 on the file of the Judicial First Class Magistrate, Prathipadu was dismissed.

3. The prosecution case is that on 04.07.1999 at about 8 p.m. while the Prohibition and Excise Sub-Inspector, Prathipadu along with his staff was patrolling the suspected places at Lingamparthy for detection of Prohibition & Excise offences found the accused carrying a black coloured plastic cane in his right hand. On suspicion, the above accused was detained and questioned about the contents of the cane, the accused stated that the cane contained illicit distilled liquor, on examination of the cane 10 liters of I.D. Liquor was found. On further enquiry the accused revealed his identity a