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, he was in unlawful possession of the same. On the basis of the said information, the complainant who is PW-6 joined by her staff went to the hut situated near Alambur Gate on Nanjangudu - T. Narasipura Road and found that, the accused was in possession of twenty-six bottles of Original Choice Deluxe whisky, each bottle containing 180 ml of whisky in it. All those bottles were found placed in a wire basket. On questioning the accused, the raiding team could not get any satisfactory reply by him about the legality of the accused possessing the whisky bottles. It was also satisfied to the raiding team by their questioning that, he had stored those whisky bottles only for the purpose of their sale to the consumers. All those whisky bottles were seized from the possession of the accused at the spot under a seizure panchanama as per Ex. P-1 and the complainant, returning to the Police Station, registered a complaint against the accused for the offences punishable under Sections 32 and 34 of the Act.

3. Charges were framed against the accused for the alleged offences. Since the accused pleaded not guilty, the prosecution, in order to prove the alleged offences against the accused, examined in all six witnesses from PW-1 to PW-6 and got marked documents from Exs. P-1 to P-4(a) and also got marked material objects at MO-1 and MO-2 and closed its side. Neither any evidence was led from the accused's side nor any documents were got marked as exhibits.

4. After hearing both side, the Trial Court by its impugned judgment dated 30-10-2010 convicted the accused for the offences punishable under Sections 32 and 34 of the Act and sentenced him to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.10,000/- and in default for payment of fine, to undergo six months' imprisonment. Challenging the same, the accused preferred a criminal appeal in Criminal Appeal No. 145/2010 in the Sessions Judge's Court, which also, after hearing both side, by its judgment dated 22-07-2011 dismissed the appeal and confirmed the impugned judgment of conviction passed by the Trial Court. It is against the said judgment of conviction and order on sentence, the accused has preferred the present revision petition.

5. The respondent - State is being represented by the learned High Court Government Pleader.

6. The Trial Court and the Sessions Judge's Court's records were called for and the same are placed before this Court.

7. Heard the arguments from both side. Perused the materials placed before this Court including the Trial Court and Sessions Judge's Court's records.

8. For the sake of convenience, the parties would be henceforth referred to as per their rankings before the Trial Court.

9. After hearing the learned Counsels for the parties, the only point that arise for