SHRI SUNIL Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent.

(2.) This petition is filed under section 438 of Cr.P.C., 1973 wherein the petitioner seek directions to the respondent-Police to release him on bail in the event of his arrest in Crime No.105/2016 by Gokak Rural Police pending on the file of Civil Judge and JMFC Court, Gokak in C.C.No.2779 of 2017 for the offences punishable under Sections 32, 34 and 38-A of Excise Act, 1965.

(3.) The brief facts of the case are that the complainant - Police Inspector, Special Police Station, DCB, Belagavi filed complaint on 08.04.2016, wherein he has stated that he along within his staff were proceeding in a jeep on patrolling duty through village in the limits of Gokak, when he came near Kyatanal Hosur, at about 12:45 p.m. he received credible information about transportation of liquor boxes for sale in a passenger auto bearing registration No.KA-23/7824 from Gokak towards Upparatti through Maladinni cross. The complainant along with his staff and panchas reached Maladinni cross and kept watch. At about 1:50 p.m. they observed one passenger auto coming from Gokak side and they intercepted the said auto. On inspection of the said auto they found 15 different brands of liquor and tetra packet boxes. On enquiry, accused No.1 revealed that he was going to supply liquor bottled to accused No.2 without having any valid permit or licence. The complainant seized the contraband goods along with auto under panchanma in the presence of the panchas. Based on the complaint, crime came to be registered against the accused persons for the aforesaid offences.