THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL REVISION CASE No.1331 of 2013

ORDER:

The present criminal revision case is filed under Sections 397 and 401 of Cr.P.C aggrieved by the Judgment dated 16.04.2013 passed in Crl.A.No.125 of 2011 on the file of the learned Additional Metropolitan Sessions Judge, Cyberabad, (for short ‘the appellate Court’) by modifying the Judgment dated 12.07.2011 passed in C.C.No.179 of 2007 on the file of the learned X Additional Chief Metropolitan Magistrate at Secunderabad (for short ‘the trial Court’).

2. The brief facts of the case are that the charge sheet is laid against four accused for the offences punishable under Section 34(a) of A.P. Excise Act and under Section 171-F of Indian Penal code.

3. On 01.07.2006,PW1 Sri Md. Sirajudding (police constable) lodged Ex.P1 complaint to PW8-Sri G. Yadaiah (Asst. Sub –Inspector of Police) alleging that while himself, PWs2 and 3 and LW2 – Vijay Kumar (all are police constables) were discharging vehicle checking duty at Medipally X roads, a vehicle bearing No. AP 11 H 3084 was proceeding towards Ghatkesar side from Uppal and accordingly the said vehicle was stopped. On search of the said vehicle, they found some cartons of liquor bottles. On questioning, accused Nos.1 to 4have confessed that they were transporting liquor in order to distribute the same to the general public on the eve of MPTC elections to get majority of votes in favour of independent candidate Hemalatha. The checking party noticed 4 cartons of Bag Piper quarter whicky bottles, each carton containing 48 bottles and in one carton only 47 bottles were found; 2 cartons of Haywards quarter bottles each carton contained 48 bottles, 2 cartons containing 12 full bottles and as such they brought the accused Nos.1 to4 along with the vehicle and IML to police station and produced before the Station House Officer (PW8) for taking necessary action. Basing on the above complaint, a case in Cr.No.512 of 2006 for the offence under Section 34(a) of A.P. Excise Act, 1968 and under Section 171-F of Indian Penal Code was registered by PW8. PW8 handed over CD file to PW6 who seized the contraband and recorded confession panchanama of the accused under Ex.P4 in the presence of PW4. Later, the CD file was transferred to PW7, who has drawn samples under cover of panchanama in the presence of PW5 and another. PW7 sent one set of samples to FSL and deposited another set of the samples before the Court. On receipt of analyst report, the charge sheet was filed by PW7. On establishment of Medipalli Police Station, the crime in this case was transferred to Medipalli Police Station from Uppal PS.

Hence, the present complaint.

4. This case was taken on the file for the offences under Section 34(a) of A.P. Excise Act, 1968 and Section 171-F of Indian Penal Code against the accused Nos.1 to 4.

5. On appearance of the accused Nos.1 to 4, copies of the documents were furnished to them under Section 207 of Cr.P.C and examined under Section 239 of Cr.P.C to which they denied guilt and pleader for trial and a charge under Section 34(a) of A.P. Excise Act, 1968 and Section 171-F of Indian Penal Code were framed.

6. After appreciating the oral and documentary evidence available on record, the trial Court has passed the judgment in C.C.No.179 of 2007 which reads as under: “For the foregoing discussion, it is held tht accused Nos.1 to 4 are found guilty forthe offence punishable under Section 34(a) of A.P. Excise Act, 1968 and accordingly they are convicted under Section 171 of Indian Penal Code and accordingly, they are acquitted under Section 248(1) of Cr.P.C. The learned counsel for the accused submits that the provisions of probation of Offenders Act may be extended in respect of the accused since it is the 1st offence. This Court upon analyzing the evidence on record, found the accused not guilty for the offence under Section 171-F of IPC on technicalities. However, the allegations made by the prosecutions against the accuse