SHANKAR ISHWARAPPA LAMANI Vs. STATE BY JOIDAL POLICE

JUDGEMENT

(1.) I have heard the counsel for the revision petitioners and also learned Addl. SPP for respondent- State.

(2.) This revision petition is filed challenging the judgment of conviction passed in C.C.No.779/2008 convicting the accused persons for the offence punishable under Sections 32 and 34 of Karnataka Excise Act, 1965 and also the judgment of confirmation passed in Criminal Appeal No.108/2009 in respect of the offence punishable under Section 32 of Karnataka Excise Act and acquitting the accused persons for the offence punishable under Section 34 of Karnataka Excise Act.

(3.) The brief facts of the case is that on 28.04.2008 when the complainant was on duty at Bapeli Police check post, at about 8.00 p.m., accused Nos.1 and 2 came in a Jeep bearing registration No. KA-31/M-884, the complainant along with PW.4 stopped the jeep and on verification they found, 23 bottles of 'good day' whisky and 21 bottles of 'original choice' of 180 ml each along with 24 tins of 'Knockout beer' and 48 tins of 'Kingfisher beer' of 330 ml each worth about Rs.5,080/- and the same was seized by drawing a panchanama and the case has been registered against these petitioners. After the investigation, the police have filed the charge sheet for the offence punishable under Sections 32 and 34 of Karnataka Excise Act.