INSPECTOR OF EXCISE Vs. D VENKATARAMANA SWAMY

JUDGEMENT

(1.) THIS revision is filed against the order dated 17-9-1999 in Cri. Misc. A. No. 12 of 1996 passed by the I Additional District and Sessions judge, Bangalore Rural District, Bangalore.

(2.) THE petitioners are the State Authorities. The respondent is the owner of the Ambassador Car bearing Registration No. MES 6602. The vehicle was caught while illegally transporting the contraband non-duty paid liquor. The confiscation proceedings came to be initiated. The authorised officer issued notice to the owner of the vehicle and after giving opportunity passed the orders of confiscation holding that the vehicle has been put in use for illegal transportation of the contraband illicit liquor. In appeal, the Sessions Judge reversed the order of confiscation and directed of release the vehicle in favour of the respondent. Being aggrieved, the present revision is filed by the State.

(3.) THE learned Counsel for the respondent in support of the order of the Sessions Judge contended that there is a categorical finding that the respondent has no knowledge of commission of an offence and there is no connivance in committing the offence. The driver of the vehicle was directed to take a marriage party and in violation of the lawful duties entrusted to him, he has carried the contraband liquor in the vehicle in question. Thus, submits that the vehicle is not liable for confiscation under sub-section (2) of Section 43-B of the Karnataka Excise Act. For convenient reference, sub-section (2) of Section 43-B is extracted hereunder.