NAGESH NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned State Public Prosecutor.

(2.) THE records are before the court. The matter coming on for admission, is heard for final disposal on a short point. The petitioner herein was the accused before the Trial Court for an offence punishable under Section 34 of the Karnataka Excise Act, 1965 (hereinafter referred to as 'the Excise Act', for brevity). The petitioner was alleged to have been transporting whisky bottles of 180 ml. each, numbering in all 30 and therefore, it was alleged that he had violated Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967, in carrying liquor beyond the permissible limit.

(3.) AMONG the several grounds urged, the learned counsel for the petitioner would point out a serious lacuna in the entire proceedings which would vitiate the same. In that, in order to establish that there was a violation of the rule which prohibits the transportation of liquor beyond the permissible limit, it was necessary for the prosecution to have established that the petitioner was indeed carrying liquor in all the thirty bottles which were seized and were alleged to be whisky bottles. However, the manner in which the prosecution has embarked the exercise of proving the same is by subjecting one of the bottles to a chemical analysis and proceeding on the basis that the entire quantity of 30 bottles contained whisky and the trial was also conducted. One of the whisky bottles so subjected to chemical analysis was marked as a material object and a certificate evidencing the same as an exhibit. The entire quantity was not certified as containing liquor.