MANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision is filed under Sec. 397(1) r/w 401 of Cr.P.C ., challenging the judgment of conviction passed by the III Additional Civil Judge and JMFC, Bhadravathi in CC.No.2981/2010 dtd. 15/6/2012 whereby the learned Magistrate has convicted the accused for the offences punishable under Ss. 32 & 34 of Karnataka Excise Act, 1965 (for short 'KE Act') and confirmed by Fast Track Court, Bhadravathi in Crl.A.No.128/2012 dtd. 10/1/2013.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that on 19/6/2006, at about 3.00 p.m., the complainant H.R. Govindappa PSI and CW4 Basavarajappa as well as CW5 had been to Kudligere village on patrolling duty. When they reached Kudligere bus stop, they found the accused standing there and seeing the Police Officers, they tried to ran away and on suspicion, they were apprehended by the police officers. They noticed that near the place where accused stood, a gunny bag was there and on verification, it was found containing 300 arrack sachets of 100 ml each concealed in a fertilizer bag. The accused were not possessing any license to sell the arrack and they disclosed that they obtained arrack sachets from Chitradurga in a Tata sumo bearing No.KA 19 M 9947. The complainant conducted the recovery mahazar and then arrested accused after seizure of the material objects. Thereafter, he took the accused to the police station and lodged the FIR on his own report. He has also recorded statements of some of the witnesses, including the mahazar and staff and later on the charge sheet is being submitted by CW8.