SHRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petition coming on for admission, is considered for final disposal, given the facts and circumstances of the case.

(2.) IT is the case of the prosecution that on 5.6.2005 at about 11.45 p.m., the present petitioner was found in illegal possession of 24 bottles of whisky of Green Label brand of 180 ml., 96 other bottles of whisky of Royal Lancer brand of 180 ml. quantity, 25 bottles of Mc Dowels whisky of 60 ml. and 48 bottles of Original Choice brand of 180 ml. in four carton boxes and was in possession of the same without a licence or a permit. It is on this basis that a case has been registered against him for offences punishable under Section 32 of the Karnataka Excise Act, 1965 (hereinafter referred to as 'the Excise Act', for brevity), before the Court of the JMFC, Gundlupet in Case No. C.C. 276/2007. After further investigation, the plea of the accused having been recorded for the offence aforesaid and he having pleaded not guilty and claiming to be tried, the prosecution had tendered evidence and it is significant to notice that out of the several bottles of liquor that were seized, five bottles in all were produced and marked in evidence of the petitioner having committed the offence. However, the Trial Court had accepted the evidence of the prosecution and convicted the petitioner and sentenced him to undergo rigorous imprisonment for a term of two years and to pay a fine of Rs. 10,000/ -. The appeal having been filed by the present petitioner, the Appellate Court in turn has dismissed the appeal and has confirmed the sentence imposed by the Trial Court. It is this which is under challenge in the present case on hand.

(3.) On this limited ground, the petition is summarily allowed and the judgments of the courts below are set -aside. The accused is acquitted. The fine amount if any paid is directed to the refunded to the petitioner. The bail bond stands cancelled.