ORDER

This petition is filed challenging the Judgment of conviction and order of sentence dated 05.12.2017 passed by the Principal Senior Civil Judge and Chief Judicial Magistrate, Chikkamagaluru, (henceforth referred to as the ‘Trial Court’) in C.C. No.1199/2016, by which the petitioner was convicted for the offence punishable under Section 34 of the Karnataka Excise Act, 1965 (for short, ‘the K.E. Act, 1965’) and was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.10,000/-. The petitioner has also called in question the Judgment dated 29.10.2018 passed by the II Additional District and Sessions Judge, Chikkamagaluru, (for short, the ‘Appellate Court’) in Criminal Appeal No.197/2017, by which the said Judgment of conviction and sentence passed by the Trial Court is upheld.

2. The parties shall henceforth be referred to as they were arrayed before the Trial Court.

3. The case of the prosecution was that on receipt of credible information on 05.04.2016 at 1.15 p.m. that the accused No.1 was illegally transporting liquor on Market road, Chikkamagalur, the jurisdictional Police led by CW.1, secured the presence of two panchas, namely, CW.2 and CW.3. He along with the panchas and two staff namely, CW.4 and CW.5 went in their departmental vehicle and parked it just before Deepa Nursing Home. When they reached the spot by foot, they saw a man carrying a plastic bag on his shoulder and walking towards Belur. CW.1 tried to catch the man but he threw it and tried to escape. CW.1 arrested the accused No.1 with the help of his staff and when enquired, accused No.1 disclosed his identity. When the plastic bag was checked, it contained 10 tetra packs of Khodays XXX Rum containing

180 ml each and 96 sachets of Captain Martin Special Whisky each containing 90 ml. When accused No.1 was further questioned about the liquor, he disclosed that he had purchased it from the shop of accused No.2. A sample of the tetra packets and a sample of sachets were separately seized and sealed for chemical examination. The other tetra packets and sachets were seized and sealed in the presence of the panch witnesses and slips containing their signatures were affixed on it and a mahazar was drawn. The seized liquor and the accused No.1 were produced before the police and CW.1 submitted a report about the crime, based upon which Cr.No.134/2016 was registered for the offence punishable under Section 34 of the K.E. Act, 1965 and accused No.1 was arrested. Later, permission was sought from the Excise Commissioner, Chikmagalur to transfer the seized liquor. The liquor was thereafter transferred to the Excise Inspector as per Section 43-A of the K.E. Act, 1965. In the meanwhile, the samples for chemical examination were sent to the Assistant Chemical Examiner, who sent his report stating that the tetra pack and the sachet contained 42.9% and 42.8% of alcohol, respectively. In response to a request of the police, the Excise Inspector, Karnataka State Beverages Corporation Depot, Chikkamagaluru, confirmed that the liquor was supplied by it to the accused No.2, who was a licensed excise vendor.

4. The Investigation officer recorded the statement/s of CW.2 and CW.3 who were the panch witnesses and CW.4 and CW.5 the staff who accompanied CW.1 and CW.6, the official of Beverage Corporation CW.6. CW.7 to CW.10 were the official witnesses. The accused No.2 was granted anticipatory bail in terms of the Order dated 27.06.2016 passed by the Principal Sessions Judge, Chikkamagaluru, in Crl. Misc. No.517/2016 and he appeared before the concerned Court and furnished surety. Later, accused No.2 was arrested on 20.07.2016. A charge sheet was filed for the offence punishable under Section 34 of the K.E. Act, 1965. The Trial Court took cognizance of the offence punishable under Section 34 of the K.E. Act, 1965 against the accused and issued process and secured the accused. The substance of the accusation was read over to the accused, who pleaded not guilty a