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S RACHAIAH
T. Vasukumar @ T. Vasu Poojari S/o Thaniyappa Poojari – Appellant
Versus
State By Excise Department Chikmagalur – Respondent
ORDER :
1. This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dated 14.06.2012 in C.C.No.953/2008 on the file of the Court of the Principal Civil Judge and JMFC, Chikmagalur and its confirmation judgment and order dated 10.07.2014 in Crl.A.No.114/2012 on the file of the Court of I Additional Sessions Judge at Chikmagalur seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner/accused is convicted for the offence punishable under Section 32 of the Karnataka Excise Act, 1965 (for short ‘Act’).
2. The petitioner is the accused before the Trial Court and appellant before the Appellate Court.
Brief facts of the case are as under:
3. It is the case of the prosecution that, on 31.07.2007, at about 8.00 p.m. CW5/PW.3 on receiving the credible information regarding illegal possession of liquor by the accused in his house situated at Hospete Village, she secured panchas and went to the house of the accused along with staff and panchas. On seeing them, one person ran away from the place. The excise officials tried to apprehend him, however, they could not apprehend him. On search
The absence of proper documentation and information rendered the conviction erroneous and illegal, leading to the acquittal of the petitioner.
Non-compliance of statutory provisions, lack of evidence beyond reasonable doubt, errors in lower court orders.
The main legal point established is the requirement for corroboration from witnesses in criminal cases and the right of the accused to present evidence in their defense.
The prosecution must ensure a tamper-proof chain of custody for evidence to maintain conviction validity under the Abkari Act.
Due process must be observed in evidence handling to ensure the reliability of convictions under the Abkari Act.
Failure to provide a specimen seal of the contraband in the seizure mahazar and the forwarding note breaks the link evidence between the alleged seizure and the chemical analysis, entitling the accus....
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