The State is in Revision challenging the judgment and order dated 08.04.2011 passed by the Fast Track Court – II at Koppal, in Crl. A. No.31/2010 wherein the learned Judge allowed the appeal filed by the respondent herein and set aside the order dated 27.05.2010 passed by the Authorised Officer i.e., Excise Superintendent, Koppal, in file No.EX/DTCR/33/2007-08 confiscating the seized Bolero vehicle bearing No.KA-29/P-0969.

2. I have heard the learned H.C.G.P. appearing for the petitioner – State.

3. It is the case of the prosecution that on 25.09.2007 at about 7.30 p.m. on a credible information, the police attached to Town Police Station Gangavathi intercepted a Bolero vehicle bearing Reg. No.KA-29/P-0969 near Kanakagiri road and found that the inmates of the said vehicle were in illegal possession of 240 Raja Whisky bottles of 180ml each and 288 bottles of United Fine Whisky bottles of 180ml each. Since the said liquor bottles were being carried in the said vehicle without any valid license or permit, the inmates of the vehicle were arrested and the vehicle along with the contraband articles were seized under a panchanama in the presence of the panch witnesses. The seized ve