NABISAB S/O MALANGASABMALADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment dated 3/12/2007 passed in Special Case No.45/2006 by the Sessions Judge, Belgaum, convicting the appellant for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act and Section 20(b)(i) of N.D.P.S.Act and sentencing each of them to undergo RI for six months and to pay fine of Rs.1,000/- for the offence punishable under Sections 32 and 34 of the Karnataka Excise Act and further sentencing each of them to under go RI for six months and to pay fine of Rs.2,000/- each for the offence punishable under Section 20(b)(i) of N.D.P.S. Act, in default of payment of fine to undergo simple imprisonment for three months.

(2.) It is the case of the prosecution that on 25/1/2005 at about 9.45pm near Kaladagi Inspection Bungalow, accused were found transporting illicit liquor worth Rs.48,000/- measuring about 600 ltrs. in a Tata Sumo bearing Reg.No.KA28/M-1831 without any permit or licence, thereby they are alleged to have committed an offence punishable under Sections 32 and 34 of the Karnataka Excise Act. It is the further case of the prosecution that on the above said place and time accused were found in possession of 2kgs. of ganja valued at Rs.2,000/- in the said vehicle, and thereby they are alleged to have committed the offence under Section 20(b)(i) of NDPS Act.

(3.) The prosecution in order to prove the case has examined in all 8 witnesses and got marked Exs.P1 to P7 and produced M.Os.1 to 4. The defence of the accused is one of total denial. However, by the impugned judgment, the learned Special Judge was pleased to convict the appellants and sentenced them as aforesaid. The convicted accused Nos. 2 and 3 have filed this appeal. A1 has not preferred any appeal.