HARISH B.S. Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner challenging the judgment dated 01.08.2017 rendered by the 5th Addl.District and Sessions Court, Hassan in Crl.A.No.245/2016 dismissing the appeal and confirming the order of confiscation passed by the Authorised Officer and Deputy Commissioner of Excise, Hassan in DTCR No.262/2008-09 dated 15.11.2016.

(2.) The brief facts of the case is that the petitioner is said to be the owner of Motor Bike bearing Regn.No.KA-13-U-1743. It is the case of the prosecution that the Excise Superintendent who is the complainant received a credible information on 02.12.2008 at about 12 p.m and visited Hullangala: Ganganalu road of Arakalgudu Taluk along with other staff and found that one person was illegally transporting illicit liquor in his motor bike. The accused person was directed to stop the vehicle and on inspection found 48 bottles of Original Choice Whiskey of 180 ml each which was kept in a box. Further, the accused was apprehended and motor bike was seized. On investigation it was found that the said bike belonged to the petitioner herein and the same was seized. On 15.6.2009, notice was issued under Section 43(b) of the Karnataka Excise Act, 1965. Thereafter, the bike was released to the interim custody of the petitioner after obtaining the Bank Guarantee. Thereafter, the proceedings under Section 43 of the Act came to be initiated.

(3.) In order to prove their case, the prosecution had examined PWs.1 to 3 and got marked Exs.P1 to P4 and M.O.1 was also identified. After hearing both the parties, and on appreciating the documents available on record, the 2nd respondent - Authority vide order dated 26.10.2016 ordered to confiscate the Motor Bike in favour of the Government.