VISHKANTEGOWDA Vs. STATE

JUDGEMENT

(1.) THE appellants being aggrieved by the judgment of conviction and sentence dated 28-1-1994 passed by the Special Judge, Bangalore have preferred this appeal questioning the legality and correctness of the same.

(2.) THE case of the prosecution is that P. W. 1-Sub-Inspector attached to Food Cell, Bangalore on 2-11-1990 at about 11 a. m got credible information that rice was being smuggled in kamakshipalya and in the surrounding areas. As such P. W. 1 was waiting along with panchas near Shivananda stores in Kamakshipalya at about 12 noon. At about 1. 00 p. m. a lorry came from North to South which was loaded with rice bags. P. W. 1 checked the lorry bearing No. MYN 4427 which contained 36 bags, each containing 100 kgs. of rice, 13 bags each containing 35 kgs. of rice. Accused 1, accused 2 and accused 4 ran away on seeing P. S. I.-P. W. 1. Accused 3 was caught by P. W. 1 and his staff. P. W. 1 made an enquiry and no document was produced. Hence he seized the lorry and the rice bags, and the mahazar is drawn as per Ex. P. 1. He produced accused 3 before P. W. 2 along with Ex. P. 2. The case was registered in Crime No. 357 of 1990. FIR was issued as per Ex. P. 3. The property was subjected to P. F. No. 141/1990 as per ex. P. 4. On 09-11-1990 as per the orders of the S. D. M. , P. W. 2 released the lorry and the goods to the accused 1-Vishkantegowda. Accused 1, 2 and 4 got themselves released by obtaining anticipatory bail from the Court. After the completion of the investigation charge sheet has been filed.

(3.) FOR the prosecution P. Ws. 1 and 2 are examined and got marked Exs. P1 to P4. For the defence D. Ws. 1 and 2 are examined and Exs. D1 to D9 are marked.