R.RAJESH Vs. STATE

JUDGEMENT

(1.) The appellant is the accused in the case S.C.No.501/2008 on the file of the Court of the Additional Sessions Judge, Kasaragod.

(2.) The prosecution case is that, on 26.12.2002, at about 06:45 hours, at the sales tax excise check post at Manjeshwaram, the Excise Inspector (CW1) who was on duty there, intercepted the petitioner who came on a scooter and he found that 24 bottles (750 ml. capacity) of Indian Made Foreign Liquor (for short 'IMFL') were kept inside the scooter without any authority. The liquor was of the kind of 'Original Choice Deluxe Whisky'. The liquor bottles had the label "For sale in Karnataka only". The Excise Inspector arrested the appellant and took samples of the liquor and seized the articles as per Ext.P5 mahazar.

(3.) CW1 Excise Inspector produced the accused and the articles and the records before the Preventive Officer (PW4) who was in charge of the Excise Inspector of Kumbala Excise Range. PW4 registered Ext.P7 crime and occurrence report. He produced the accused and the material objects and the records before the court. After completing the investigation, PW6 Excise Circle Inspector, Kasaragod filed final report against the accused for the offence punishable under Section 55(a) of the Act.