The learned High Court Government Pleader accepts

notice for the respondents.

A charge sheet was filed on 31.08.2011

alleging that though the sale of liquor was banned on the

occasion of Ramzan and Ganesha Festivals, the accused

unauthorisedly sold liquor without any valid licence or

permit. The learned Magistrate took cognizance of the

offences punishable under Sections 32 and 34 of the

Karnataka Excise Act, 1965 and further issued summons

to the petitioner. Taking exception to the same, this

petition is filed.

- 3 -

Sri. P.P. Hegde, the learned Senior Counsel

appearing for the learned counsel for the petitioner,

submits that the charge sheet has been filed against the

petitioner-accused on the basis of the statement of co-

accused and the same is unworthy of credit in the

absence of any material. Hence, he seeks for quashing

the impugned proceedings.

4.

On the other hand, the learned High Court

Government Pleader appearing for the respondents-State

submits that the petitioner-accused No.2 has committed

the offences punishable under Sections 32 & 34 of the

Karnataka Excise Act, and sought for dismissal of the

petition.

5.

I have considered the submissions made by

the learned coun