M R MANJUNATH Vs. AUTHORIZED OFFICER

JUDGEMENT

(1.) Petitioner Is Before This Court Assailing The Order Passed By The Learned Additional Sessions Judge At Chikmagalur In Criminal Appeal No. 94/2010 Decided On 19.4.2011 Confirming The Order Passed By The Authorized Officer And Deputy Commissioner Of Excise Confiscating The Vehicle In Question. Sans Details, The Facts Can Be Stated As Under:

(2.) It Is Submitted By Mr. Leeladhar, Learned Counsel For The Petitioner That The Interim Custody Of The Vehicle Continues To Be With The Petitioner.

(3.) The Learned Counsel For The Petitioner Submits That Out Of 33 Packets Which Were Seized, Only One Packet Of 100 Ml. Was Sent To The Chemical Analyst And His Opinion Was Sought To Be Produced Before The Confiscating Officer. Insofar As The Remaining 32 Packets Are Concerned, They Were Not Sent For Chemical Examination. He Further Submits That The Petitioner Was Tried For The Offences Punishable Under The Karnataka Excise Act, 1965 As Well As Indian Penal Code And The Criminal Court Has Acquitted The Petitioner Albeit On Extending The Benefit Of Doubt.