BASU SHANKRAPPA CHAVAN @ LAMANI Vs. STAET OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is by the accused in S.C.No.22/2009 on the file of Sessions Judge, Bagalkot vide judgment dated 16.10.2009 assailing the judgment of conviction passed.

(2.) THE parties are referred to as per their rankings in the Court below.

(3.) BRIEFLY stated, the appellants/accused were charge sheeted by P.S.I. of Navanagar, Bagalkot Police Station in Crime No.22/2008 for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965 ((hereinafter referred to as 'the K.E. Act', for brevity) and under Section 328 read with Section 34 of Indian Penal Code, 1860. The allegation of the prosecution was that the accused were found transporting illicit liquor of 400 pockets each containing 100 ml. liquor on a motorcycle. The motorbike on which the accused were travelling along with a cell phone, cash amount of Rs.190/ - and illicit liquor were seized under a mahazar in the presence of Panchas by the PSI who had proceeded to the spot on receiving credible information.