Non-compliance with procedural safeguards and lack of supporting evidence can vitiate a conviction under the Karnataka Excise Act.

JUDGMENT

Shivashankar Amarannavar, J. - This appeal has been filed challenging the Judgment of conviction and order of sentence dated 04.01.2013 passed by the learned Principal Sessions Judge, Koppal in S.C.No.5/2012 where under the appellant/accused has been convicted for the offences punishable under Sections 273 and 284 of IPC and Sections 32 & 34 of Karnataka Excise Act, 1965. The appellant/accused has been acquitted for the offences punishable under Section 328 of IPC.

2. The factual matrix of the case are that, on 10.10.2011 at 10:30 a.m., after completion of raiding of Holageri Tanda, the Inspector, Special Police Station, Koppal along with Police Constables of Hanumasagar Police Station and panchas from Koppal raided the houses of Muddatagi Tanda in Kustagi taluk. In the said exercise, the police have raided the house of the accused and seized four liters of illicit liquor, mud cap, plastic pipes, Navasara powder, Aluminium pot, three plastic pots containing Jaggary wash and prepared raid mahazar as per Ex.P.1 and came back to Police Station and P.W.1 filed complaint as per Ex.P.2 at 4:00 p.m. for the offences punishable under Sections 273, 284, 328 of IPC and Sections 32 and 34 of Karnataka Excise Act. P.W.6 has registered the complaint as per Ex.P.2 in Crime No.48/2011 and submitted Ex.P.4 FIR. After the investigation, P.W.7 has filed charge sheet against the appellant/accused for the aforesaid offences. The case has been committed to the Sessions Court. The Sessions Court framed charges for the aforesaid offences. The prosecution in all examined 7 witnesses and marked 6 documents and 5 material objects. The Trial Court after hearing the learned counsels on record, has formulated the points for consideration and passed the impugned Judgment and order of sentence and convicted the appellant/accused for the offences punishable under Sections 273 and 284 of IPC and Sections 32 and 34 of Karnataka Excise Act.

3. Being aggrieved by the Judgment and order of conviction and sentence, the appellant/accused is before this Court on the grounds as mentioned in the memorandum of appeal.

4. Heard the arguments of the learned counsel for the appellant/accused and also the learned High Court Government Pleader for the respondent-State.

5. The learned counsel for the appellant submitted that, the prosecution has not complied with the provisions of Sections 53 and 54 of Karnataka Excise Act and therefore, the investigation and conviction vitiates. He placed reliance on the following Judgments:

(i) K.L.Subbayya Vs. State of Karnataka, (1979) 2 SCC 115 .

(ii) Criminal Revision Petition No.777/2011 between C.P.Kumar Vs. State by Mudigere Excise, disposed off on13.12.2018.

(iii) Criminal Appeal No.2877/2010 between Mudakappa Vs. State of Karnataka, disposed off on 28.03.2019.

6. He would further submit that, the panchas to the raid panchanama where under M.Os.1 to 5 are seized, have not supported the case of the prosecution and therefore the seizure of M.Os. 1 to 5 is not proved. He would further submit that, there is a delay in sending the samples to FSL for chemical examination. Hence, he prayed to allow the appeal by setting aside the impugned Judgment of conviction and sentence.

7. Per contra, the learned High Court Government Pleader submits that, the evidence of P.Ws.1, 4 & 5 i.e. Police Officers is sufficient to convict the appellant/accused for the offences charged against him and the learned Sessions Judge has rightly appreciated the evidence on record and has rightly convicted the accused/appellant. He has supported the reasons assigned by the learned Sessions Judge and prayed for dismissal of the appeal.

8. I have perused the grounds urged in the memorandum of appeal, the evidence of P.Ws.1 to 7, the documents marked as Ex.Ps.1 to 6 and so also the Judgment of conviction and order of sentence passed by the learned Sessions Judge, and the decision of the Hon'ble Apex Court in K.L.Subbayya's case (supra), the Judgments of this Co