KULLEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 CrPC is filed by the accused challenging the judgment and order of conviction and sentence dtd. 20/9/2012 passed by the I Addl. Civil Judge and JMFC, Malavalli, and the judgment and order dtd. 27/5/2014 passed by the I Addl. District & Sessions Judge, Mandya, in Crl.A.No104/2012.

(2.) Heard the learned Senior Counsel for the petitioners and the learned HCGP for the respondent-State.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this petition are, on 22/8/2007 at about 9.30 p.m. after receiving credible information with regard to illegal storage and manufacture of illicit liquor in the house of the accused situated at NES Extension, 4th Cross, Malavalli Town, Mandya District, from the Deputy Commissioner of Excise, Mandya, the Sub-Inspector of Excise of Malavalli Zone, his officials and the Sub-Inspector of Malavalli Town Police Station, conducted a raid on the dwelling house of the accused persons and found that illicit liquor was manufactured and stored in the said house. At the time of raid, accused no.2 who allegedly was in the house, after seeing the raiding party, pushed the Excise Officer and managed to escape from the spot. In all, 273 bottles containing 180 ml of liquor which totally amounted to 49.140 litres of liquor was seized from the house of the accused and in addition to the same, several cans, plastic bags, empty bottles, equipments for manufacturing liquor was also seized and a mahazar as per Ex.P-1 was prepared in the spot in the presence of PWs-1, 2 & 5. Some bottles were separately kept for the purpose of forwarding the same to the Forensic Science Laboratory (FSL) for chemical examination. On the basis of the mahazar, the police recovered the property found in the house of the accused and returned to the Police Station and a case was registered against the accused for having committed the offences punishable under Ss. 32 & 38-A of the Karnataka Excise Act, 1965 (for short, 'the Act').