MARUTI SIDDAPPA HULIKAI Vs. THE STATE OF KARNATAKA THROUGH PSI SPECIAL CELL FOR EXCISE AND LOTTERY, BELGAUM, REP. BY STATE SPP, CIRCUIT BENCH, DHARWAD

JUDGEMENT

(1.) PETITIONER aged 70 years is arraigned as the sole accused for the charge punishable Linder Sections 32,. 34 and 38A of the Karnataka Excise Act on the allegation that the PSI, Special Cell, Excise and Lottery Division, while on patrol duty, at 6.00 a.m. on 5.3.2012, visited Muttanatti, Hulyanur, Autonagar Kanabargi villages, he came near Muchandi village. He received credible information that the petitioner had stored illicit liquor in his cattle shed. He rushed to the spot with Panchas and reached the place where he found 4 litres of liquor, which he presumed to be illicit. It was seized and the petitioner was proceeded against. Petitioner was arrested and produced before the jurisdictional magistrate. His bail plea was turned down. He made a second attempt before the sessions judge who also declined to grant the relief. Hence, he is in this court.

(2.) IT is not in dispute the quantity of liquor is only 4 litres from the residence of the petitioner. a -large is raked under Section 32 read with Section 38A of the Act. The raid is in pursuance to credible information and there is no other material collected to show that such liquor was illicitly brewed or excise duty payable was net paid.