RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has f iled this revision petition chal lenging the judgment and order dated 26.08.2010 passed in C.C. No.636/2008 on the f i le of J.M.F.C., at Koppal, wherein he was convicted for the of fences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965 (for short, 'the Act') and sentenced to undergo imprisonment for one year and to pay f ine of Rs.10,000/- and in default of payment of f ine to undergo further period of imprisonment for two months and the judgment and order passed in Crl. A. No.38/2010 dated 13.01.2011 on the f ile of the Court of District and Sessions and Fast Track Court-I, Koppal, whereby the said appeal fi led by him was dismissed.

(2.) I have heard the learned counsel for the petitioner and the learned Additional S.P.P. appearing for the respondent State.

(3.) It is the case of the prosecution that on 06.09.2007 at about 7.00 a.m. the Sub-Inspector of Excise received a credible information and went near 'Abhay Solvent' in Koppal town and while patroll ing the said place found the accused in a motor cycle bearing Reg. No.KA-27/H-6511 moving suspiciously and on inspection found that he was in possession of 48 Original Choice whisky bottles and 24 Old Monk Rum bottles, which he was carrying without any val id l icense. The said l iquor bottles were seized under a panchanama in the presence of panch witnesses and thereafter a case was registered in Crime No.5/2007-08. Two bottles of liquor were taken for sample and the same was sent for chemical examination. After completion of the investigation, charge sheet was fi led for the of fences punishable under Sections 32 and 34 of the Act.