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State Of Andhra Pradesh v. M. Poshetty

State Of Andhra Pradesh
v.
M. Poshetty

(Supreme Court Of India)

Criminal Appeal No. 1370 Of 1999 (Arising Out Of Slp (Crl.) No. 272 Of 1999) | 16-12-1999


Service is complete.

Leave granted.

Nobody is appearing for the respondent.

We heard learned counsel for the State of Andhra Pradesh. In this case the respondent was convicted by the trial court of offence under Section 34(a) of the Andhra Pradesh Excise Act and was sentenced to undergo imprisonment for one year and to pay a fine of Rs. 5000. He filed an appeal before the Sessions Court and his conviction was confirmed but the sentence was reduced to imprisonment for 6 months and the fine portion was retained untouched. The respondent preferred a revision before the High Court and the learned Single Judge of the High Court has disposed of the said revision with the following reasoning :

"The ingredients of Section 34(a) of thehave not been established. The evidence in this case is shaky. The courts below on such evidence erred in convicting the revision petitioner. Accordingly, the conviction and sentence passed against the petitioner-accused are set aside and he is acquitted of the charge. He shall be set free forthwith, if not required in any other case." *

We are unhappy to point out that the aforesaid type of slipshod exercise of revisional powers of the High Court is seen from the same Bench of the High Court in other cases also. It is not with pleasure that we use this opportunity to remind that the powers under revisional jurisdiction of the High Court must be exercised more seriously and objectively. Reasons are necessary for interfering with the concurrent findings on facts entered by the trial court and the appellate court and such reasons must be recorded in the order. A general and omnibus statement that "courts below erred in convicting the accused" is hardly sufficient to make judicial interference with the concurrent findings. We are of the opinion that there was abdication of the High Courts function in exercising the revisional jurisdiction.

We, therefore, set aside the impugned judgment and send the case back to the High Court for disposal of the revision afresh in accordance with law, after affording a reasonable opportunity to both the sides.

The appeal is disposed of accordingly.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE K. T. THOMAS

HON'BLE JUSTICE M. B. SHAH

Eq Citation

JT 1999 (10) SC 396

(2001) 10 SCC 629

LQ/SC/1999/1262

HeadNote

Excise — Revision — Revisional powers — Exercise of — High Court's, held, must be exercised more seriously and objectively — Reasons are necessary for interfering with concurrent findings on facts entered by trial court and appellate court and such reasons must be recorded in order — A general and omnibus statement that "courts below erred in convicting the accused" is hardly sufficient to make judicial interference with concurrent findings — Case sent back to High Court for disposal of revision afresh in accordance with law, after affording a reasonable opportunity to both the sides — Constitution of India — Art. 226 — Criminal Procedure Code, 1973 — S. 397 — Revision — Revisional powers — Reasons for interference with concurrent findings on facts — Need for