MANJAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioners' counsel at the time of admission.

(2.) The petitioners are said to be accused No.2 and 3 in C.C.No.1433/2017 being tried by the JMFC Chitradurga for the offences punishable under Ss. 32 and 34 of the Karnataka Excise Act.

(3.) Sri N.Srinivasa, learned counsel for the petitioners submits that actually the police recovered 78 pouches of Whisky, each measuring 90ml, from the possession of accused No.1. Based on the voluntary statement that has been given by accused No.1, these petitioners have been implicated. It is his submission that trial has already commenced and that the independent panch witnesses have turned hostile. It is his submission that since the petitioners have been implicated on the basis of the voluntary statement of accused No.1 and that the panch witnesses have turned hostile, absolutely there is no case against the petitioners. For these reasons proceedings against the petitioners are to be quashed.