RANGAIAH R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Bhagawan and Sri Koti, Govt. Pleader, on the final merit of the revision.

(2.) This is a revision by the accused against the order dated January 21, 1988 passed by the I AddI. Sessions Judge, Mysore in Cr1. Appeal No. 79/84 affirming the order of conviction and sentence dated 19th September, 1984 passed by the 11 AddI. C.J.M. in C.C. 6919/82 convicting the accused of the offences under sections 32 and 34 read with sections 14 and 11 of the Karnataka Excise Act, 1965 and sentencing him to undergo R.I. for three months and pay a fine of Rs. 100/- or in default to undergo further R.I. for a period of 15 days.

(3.) The material facts are as under: On 18/12/1981 at about 2 p.m. the accused was caught carrying without a permit 24 bottles of sovereign brandy, 18 bottles of khoday's rum and 6 bottles of amruth rum, each bottle containing 180 m.l. of intoxicant, concealed in a card board box, on the double road, near Ramaswamy Circle bus stop, by the Excise Inspector K.M. Kuttappa of the flying squad in the presence Shivamalla and Narayana swamy, the panchas. The bottles were seized and three bottles were sent for chemical examination. On examination it was found that each one of the bottles contained alcohol to the extent of 42.8% V/V at 15.8 C. After completion of the investigation, the Excise Police placed the charge-sheet against the accused.