STATE OF KARNATAKA Vs. JAGADISH ALVA

JUDGEMENT

(1.) Though this petition is listed for admission, with the consent of learned counsel on both sides, the matter is taken up for final disposal.

(2.) This petition is filed by the petitioner-State challenging the judgment and order dated 17.04.2018 rendered by the VI Addl.District and Sessions Judge, D.K. Mangaluru in Crl.A.No.7/2010 setting aside the order passed by the Authorised Officer and Deputy Commissioner of Excise, Mangalore in SDK 312/DTCR/2007-08 dated 23.12.2009.

(3.) The brief facts of the case is that the accused who is arraigned as respondent No.1 is said to be the R.C. owner of Tata Tipper Lorry bearing Regn.KA-19-B- 7029. The Lorry came to be seized by the Addl. Superintendent of Police of Panambur Sub-Division on 4.2.2008 at around 7 A.M. near KIADB Office at Baikampady Industrial Area alleging that 157 cans of 35 liters each totaling to 5,495 liters of rectified spirit was being transported by camouflaging it under a heap of sand without any permit. In this regard Cr.No.10/2008 came to be registered for the offences punishable under Sections 14, 15(1), 32, 34, 35, 43(e) of the Karnataka Excise Act. During the course of investigation, the IO also seized the lorry as it was being used for transporting illicit liquor. The accused filed an application for interim release of the Lorry contending that he had no knowledge of connivance whatsoever with regard to the alleged transportation of illicit liquor. As per the order of second respondent dated 11.6.2008, the said Lorry was released on the accused furnishing bank guarantee of Rs.5,90,000/-.