ORDER :

This petition is filed by the petitioner – accused seeking for a direction to set aside the order dated 11.08.2011 passed by the Appellate Court in Crl.A.No.46/2010 dismissing the appeal and thereby confirming the order of conviction and sentence dated 05.05.2010 passed by the Trial Court in C.C.No.2514/2008. By the said order dated 05.05.2010 the Trial Court has convicted the accused – petitioner herein for the offence punishable under Section 32 of the Karnataka Excise Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.3,000/-.

2. Heard the learned counsel for the petitioner and so also the learned HCGP for the State. Perused the judgment rendered by the Trial Court as well as the Appellate Court.

3. Factual matrix of the petition as per the case of the prosecution is that on 11.07.2008 the Head Constable attached to Excise and Prohibition of Lottery Enforcement Office had received a credible information that some person was illegally transporting liquor and accordingly they secured two panchas and went towards the Jannapura Nandini Circle. At about 11.30 a.m., they found a person in possession of a wire bag containing 24 bottles of liquor on a TVS moped. At once, he was apprehended and on enquiry it was found that he did not have any bill, pass or permit to possess the liquor bottles. On searching the bag, it was found to contain 24 bottles of Magic whisky of 180 ml. Bottles were taken out for sending it to the Chemical Examiner and it was sealed at the spot. The accused had informed that he had purchased those bottles for sale from one Mahabalesh of Sangam Bar and Restaurant and bill was not issued to him. Hence, the mahazar was drawn on the spot and accordingly, complaint was lodged with the New Town Police. The I.O. is then said to have recorded the statement of the witness and filed the charge-sheet. The accused appeared before the Trial Court and pleaded not guilty and claimed to be tried. The prosecution then examined in all four witnesses as PW1 to PW4 and got marked four documents as Exhibits P1 to P4 and a sample bottle as MO-1. After hearing the prosecution and the defence counsel, the Trial Court passed the impugned judgment dated 05.05.2010 convicting the accused under Section 32 of the Karnataka Excise Act and sentencing him to undergo simple imprisonment for one year and to pay a fine of Rs.3,000/-. But however, Accused Nos.1 and 2 were acquitted for the offence under Section 34 of the Karnataka Excise Act.

The said order of conviction and sentence passed by the Trial Court was taken up in appeal by accused No.1 – petitioner herein by preferring Criminal Appeal No.46/2010 before the Appellate Court. The Appellate Court as well, considering the material on record, by its order dated 11.08.2011 dismissed the appeal and thereby confirmed the order of conviction and sentence dated 5.5.2010 passed by the Trial Court. It is this order which is under challenge in the present petition by the petitioner - accused, urging various grounds.

4. Learned counsel for the petitioner contends that the Trial Court as well as the Appellate Court have committed an error in convicting the accused when the prosecution has failed to prove the guilt of the accused beyond all reasonable doubt. The courts below have erred in relying on the evidence of PWs 1 to 3 who are interested and official witnesses. Further, their evidence also suffers from legal infirmities. Further the courts below have committed serious error in holding that there was motive on the part of the petitioner to commit the alleged offence. From the evidence of the prosecution witnesses, it can be inferred that PWs 1 to 3 have created and concocted a false case against the petitioner for statistical purpose of registering a case. The panch witness PW-4 was a passerby who was going that way who was asked to certify the seizure. The cross-examination of PW-4 reveals that he did not know anything about seizure except the fact tha