AITHAPPA CHANNAN Vs. STATE OF MYSORE

JUDGEMENT

(1.) The Revision Petitioner was the accused in CC. No.1385/1971 on the file cf the Judicial Magistrate, First Class, Mangalore. He was convicted of an offence punishable under Sec.13(e) read with Sec.34 of the Mysore Excise Act. On his admission cf guilt he was convicted and sentenced to undergo simple imprisonment for threee months and to pay a fine of Rs.100, and, in default of payment, to suffer simple imprisonment for two weeks more. He went up in appeal to the Sessions Court of South Kanara Division, Mangalore in Crl.A.No.68/71 The Appeal was dismissed. As against that order, the accused-petitioner has come up here.

(2.) The substance of the accusation stated to the accused on 15-8-71, under Sec.242 CrPC. reads as below:

(3.) Sri K. J. Shetty, Petitioner's learned Advocate, assailed the substance of the accusation on more than one ground, as below. S.13(e) of the Mysore Excise Act 1965 cannot be invoked as it refers to bottling liquor for sale, the definition clause in S.2(2) reading " 'to bottle' means to transfer liquor from a cask or other vessel to a bottle, jar, flask or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not, and includes re-bottling ". The receptacle here being tyre tube, and there being no allegation that he was taking the liquor for dsle, S.13(e) of the Mysore Excise Act of 1965 cannot be invoked.