M. NAGARAJA Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the sole accused has preferred this Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') challenging the judgment and order of conviction and sentence passed by the Court of II Additional Civil Judge & JMFC, Bhadravathi (for short the 'Trial Court) in C.C.No.1271/2010 dtd. 4/12/2012 and the judgment and order passed by the Court of Fast Track, Bhadravathi (for short the 'Appellate Court') in Crl.A.No.3/2013 dtd. 22/9/2014.

(2.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) The petitioner was charged before the Trial Court for the offences punishable under Sec. 32 and 38(A) of Karnataka Excise Act, 1965 (hereinafter referred to as the 'Act'). It is the case of the prosecution that on 8/8/2009 on receipt of credible information, PW4 along with his staff had raided the house of the petitioner in which he was also running a small canteen/hotel and had found that the petitioner was in possession of 12 bottles of 180 ml whisky, which he had kept for sale. These contraband articles were seized under mahazar by PW4 in the presence of panchas and thereafter the said articles and the petitioner were produced before PW.3, who had registered FIR against the petitioner for the aforesaid offences based on report received from PW4.