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S. RACHAIAH
Dayananda @ R Babu S/o M V Raju – Appellant
Versus
State Of Karnataka – Respondent
1. This Criminal Revision Petition is filed by the petitioners, being aggrieved by the judgment of conviction dated 26.12.2015 and order of sentence dated 29.12.2015 in C.C.No.332/2009 on the file of Civil Judge and JMFC, Hunsur and its confirmation judgment and order dated 12.01.2021 in Crl.A.No.12/2016 on the file of VIII Additional District and Sessions Judge, Mysuru, Sitting at Hunsur seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner/accused is convicted for the offences punishable under Sections 32, 34 and 38A of Karnataka Excise Act (for short ‘K.E.’Act).
2. The rank of the parties in the Trial Court will be considered henceforth for convenience.
Brief facts of the case are as under:
3. It is the case of the prosecution that on 24.11.2008 at about 10.15 a.m., the Sub-Inspector of Hunsur Excise Range was deputed on patrolling duty along with his staff near Challahalli Village. They have received credible information that the accused were proceeding on the motorbike bearing Reg. No.KA09X4142 with box containing the liquor. The officials of the Excise Hunsuru Range have intercepted the said vehicle and enquired about the permit and o
The absence of proper documentation and information rendered the conviction erroneous and illegal, leading to the acquittal of the petitioner.
Procedural non-compliance regarding search warrant requirements under the Karnataka Excise Act invalidates arrest and seizure proceedings, necessitating the quashing of the related FIR.
Procedural non-compliance with search warrant requirements under the Karnataka Excise Act vitiates the FIR and subsequent proceedings.
Failure to comply with mandatory provisions regarding search and seizure under the Karnataka Excise Act leads to quashing of FIR and subsequent proceedings.
Non-compliance with statutory provisions regarding search warrants in liquor-related cases leads to quashing of FIR and subsequent proceedings.
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
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