SUNNY PAUL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed challenging the Judgment dated 15.9.2009 passed by the Principal Sessions Judge, Dharwad in Crl.A.No.19/2005, whereunder the learned Sessions Judge has dismissed the appeal filed against the order dated 27.10.2004 passed by the Authorised Officer and Deputy Commissioner of Excise, Dharwad in its proceedings No.14/2000-01 confiscating the tanker bearing No.KL-8/D-3535 belonging to the appellant.

(2.) It is the case of the respondent/State that on 4.12.2000 on a credible information when the excise officials were laying a watch on the National Highway No.4 near Narendra cross in Dharwad, a tanker bearing No.KL-8/D-3535 was coming in a high speed. The said vehicle was intercepted by the excise officials and the driver and the cleaner were questioned as to what is transported in the said lorry. They replied that the tanker contains oil and the same is being transported from Mumbai to Kerala and they produced certain documents. When the tanker was searched, it was found that, it contained 12,000 liters of rectified spirit and the driver and the cleaner did not have any permit or license to transport the same. Since the said transportation was contrary to the provisions of the Karnataka Excise Act, the said tanker along with the property therein was seized and a case in Crime No.4/00/01 for the offences under Sections 11, 12, 14, 32 and 38(A) of the Karnataka Excise Act, 1964 was registered and thereafter the driver and cleaner as well as the property was handed over to the concerned authorities. The Excise Sub-Inspector of Dharwad conducted further investigation and on 13.12.2000, a final report came to be filed after obtaining the chemical examiner's report stating that the spirit contained Alcohol and therefore the matter was taken before the Authorised Officer for confiscation of the spirit and the tanker.

(3.) The Authorised Officer thereafter issued a show cause notice to the petitioner asking him to show cause as to why the seized tanker should not be confiscated. The petitioner filed an explanation to the said show cause notice and also filed an application for release of the tanker seized by the Excise Officials. The authorised officer refused to release the vehicle. However, the Sessions Judge, Dharwad was pleased to release the vehicle in favour of the petitioner on the petitioner executing a bond and furnishing Bank Guarantee as per the Judgment dated 13.7.2001 passed in Crl.A.No.38/2001. Accordingly, the petitioner had furnished a bank guarantee before the authorised officer on 10.9.2001 and secured the possession of the vehicle. The said Bank Guarantee was furnished for a sum of Rs. 1,10,000/-