BABU NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners / accused seeking for a direction to set aside the order dated 19.10.2013 passed by the V Additional Civil Judge & JMFC, Puttur, D.K. in Crl.A.No.105/2013 dismissing the appeal and thereby confirming the judgment of conviction and order of sentence dated 23.10.2010 passed by the Addl. Civil Judge & JMFC, Puttur, D.K. in C.C.No.488/2007. By the said judgment, the Trial Court has convicted the appellants under Sections 32 and 34 of the Karnataka Excise Act and has sentenced them to undergo rigorous imprisonment of one year and to pay a fine of Rs.1,000/- each for the offence punishable under Section 32 of the Karnataka Excise Act and has further sentenced them to undergo simple imprisonment of one year and to pay a fine of Rs.1,000/- for the offence punishable under Section 34 of the Karnataka Excise Act, which has been confirmed by the Appellate Court.

(2.) Heard the learned counsel Smt. Haleema Ameen for the petitioners / accused and Smt. Yashodha K.P., learned HCGP for the State and perused the records.

(3.) It is the case of the prosecution that when the respondent police were on patrol duty, on 30.10.2005 at about 8.00 a.m. at Arlapadavu of Panaje village, Puttur Taluk, they found petitioner no.1 in possession of 1 polythene bag containing 305 arrack sachets of 100 ml. each in his scooter bearing Regn.No.KA-21/J-386. Further, they found petitioner nos.2 to 4 in possession of 16 polythene bags containing 4,280 arrack sachets of 100 ml. each in a jeep bearing Regn.No.KA-14/B-7506. Any of the petitioners were not having any licence or permit to transport the said liquor. Hence, the entire liquor found in possession of Petitioner Nos.1 to 4 as well as their vehicles were seized by the police and further they had also apprehended petitioners 1 to 3. However, petitioner no.4 had escaped from the spot. Out of the seized sachets, 5 arrack sachets were sent for chemical examination.