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 liq