YAMANAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In CC.No.558 of 1971 on the file of the Judicial Magistrate, First Class, Jamkhandi the accused (revision petitioner) was convicted under S.34 of the Mysore Excise Act, 1965 and sentenced to undergo RI for three months and to pay a fine of Rs.100 and, in default, to suffer RI for one month more.

(2.) The case went up in appeal to the Sessions Court, Bijapur in Cr, A.46 of 1971. The Additional Sessions Judge, Bijapur dismissed the appeal.

(3.) Briefly, the prosecution case is that on 27-10-1970, at about 6PM. when the Excise Inspector (PW.1), along with his staff and panchas (one pancha being PW.2) went to Gotha village on an excise raid, he apprehended the accused, who was carrying a motor tube on his shoulder containing 4 litres of ID. Liquor. The Assistant Chemical Examiner, Belgaum has issued a Certificate that the sample of the contents of the tube sent to him contained alcohol.