DAYANANDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioners, being aggrieved by the judgment of conviction dtd. 26/12/2015 and order of sentence dtd. 29/12/2015 in C.C.No.332/2009 on the file of Civil Judge and JMFC, Hunsur and its confirmation judgment and order dtd. 12/1/2021 in Crl.A.No.12/2016 on the file of VIII Additional District and Sessions Judge, Mysuru, Sitting at Hunsur seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner/accused is convicted for the offences punishable under Ss. 32, 34 and 38-A of Karnataka Excise Act (for short 'K.E.' Act).

(2.) The rank of the parties in the Trial Court will be considered henceforth for convenience. Brief facts of the case are as under:

(3.) It is the case of the prosecution that on 24/11/2008 at about 10.15 a.m., the Sub-Inspector of Hunsur Excise Range was deputed on patrolling duty along with his staff near Challahalli Village. They have received credible information that the accused were proceeding on the motorbike bearing Reg. No.KA-09-X-4142 with box containing the liquor. The officials of the Excise-Hunsuru Range have intercepted the said vehicle and enquired about the permit and other related documents to transport the said liquor. When the satisfactory answer was not obtained by them, the Sub-Inspector of Excise has arrested the accused and interrogated them and also seized the items which were being carried by the accused. After having seized the said liquor, the Sub-Inspector took the samples of the said liquor for sending the same to FSL for chemical analysis. As per the averments of the complaint, 48 bottles of liquor have been seized by the Sub-Inspector and each bottle containing 180 ml of Original Choice Deluxe Whiskey. The case came to be registered against the accused Nos. 1 to 3. The respondent police have conducted investigation and submitted charge sheet.