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2021 Supreme(Kar) 649

H.B.PRABHAKARA SASTRY
Panchalinga – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant :Gireesha S.N. for Manjappa N.D., Advocates
For the Respondent: Thejesh P., High Court Government Pleader

ORDER :

H.B. Prabhakara Sastry, J.

1. The present petitioner was tried as an accused by the Court of the Additional Civil Judge and Judicial Magistrate First Class, Nanjangudu, (hereinafter for brevity referred to as the "Trial Court") in C.C. No. 2068/2007, for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965 (hereinafter for brevity referred to as the "Act") and was convicted by the judgment of conviction and order on sentence dated 30-10-2010.

Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No. 145/2010, in the Court of the IV Additional Sessions Judge, Mysore (hereinafter for brevity referred to as the "Sessions Judge's Court"), which after hearing both side dismissed the appeal filed by the accused by its judgment dated 22-07-2011. Not satisfied with the same, the accused has preferred the present revision petition.

2. The summary of the case of the prosecution in the Trial Court is that, on 03-09-2007, the Excise Inspector received a credible information that, the accused was selling Original Choice Deluxe whisky bottles, each bottle containing 180 ml of whisky in it, without holding any valid permit or licence, as such,

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