IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO.1114 OF 2014

BETWEEN:

MR. PATRICK D'SOUZA

AGED 51 YEARS,

S/O LATE LAWRENCE D'SOUZA,

R/AT ELLIYARPADAVU,

AMBLAMOGARU VILLAGE AND POST,

BANTWAL TALUK,

DAKSHINA KANNADA DISTRICT-575 017

...APPELLANT

(BY SRI. P. P. HEGDE, SR. COUNSEL FOR

SMT. SAKSHA BHAGAVAN, ADV.)

AND:

THE STATE THROUGH POLICE INSPECTOR,

EXCISE ENFORCEMENT

AND LOTTERY PROHIBITION WING,

SPECIAL POLICE STATION,

MANGALORE-REPRESENTED BY

THE STATE PUBLIC POSECUTOR,

HIGH COURT OF KARNATAKA,

BANGALORE-01.

…RESPONDENT

(BY SRI. RANGASWAMY R., HCGP.)

THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO

SET ASIDE THE ORDER DATED:19.11.14 PASSED BY THE PRL.S.J., MANGALORE IN S.C.NO.62/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 32 AN 34 OF KARNATAKA EXCISE ACT AND THE APPELLANT/ACCUSED IS SENTNECED TO UNDERGO R.I. FOR ONE YEAR AND TO PAY FINE OF RS.TEN THOUSAND (RS.10,000/-) AND IN DEFAULT,

HE SHALL UNDERGO FURTHER S.I. FOR SIX MONTHS FOR THE OFFENCE P/U/S 32 AND 34 OF KARANTAKA EXCISE ACT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 11.11.2025 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

CAV JUDGMENT

The appellant has preferred this appeal against the judgment of conviction and order on sentence passed by the Prl. Sessions Judge, D.K., Mangalore in S.C.No.62/2012 dated

19.11.2014.

2. For the sake of convenience, parties herein are referred to as per their rank before the trial court.

3. Brief facts leading to this appeal are that, the Police Inspector, Excise Enforcement and Lottery Prohibition Wing Special Police Station, Mangalore, has filed the charge-sheet against the accused for the offences punishable under Section 32 and 34 of Karnataka Excise Act, 1965 (hereinafter referred to as 'the Act' for short) and Section 328 of IPC.

4. It is the case of the prosecution that on

12.03.2011, the Sub-Inspector of Police, Excise Department and Lottery Prohibition Wing Special Police Station, Mangalore, received credible information regarding unlawful possession and transportation of illicit liquor by accused in Karnataka- Kerala border. On receipt of such information, the police officials went near the pathway of Elliyarpadavu near Elliyarpadavu-Kuthar public road at Amblamogaru village of Mangalore Taluk. In that place, they found the accused in possession of plastic can containing five litres of intoxicant/ illegally manufactured liquor. The accused was transporting the same for the purpose of selling to general public. The accused by such acts attempted to administer liquor containing ethyl alcohol, which was not fit for human consumption. The said liquor contained poisonous substance and the accused was proceeding to sell the same to general public with an intent to cause hurt and knowing that if the said liquor was consumed, it would cause hurt to such person. Thus the accused has committed the alleged offences.

5. The accused was apprehended at the spot and after his production before the learned Magistrate, he was remanded to judicial custody and after filing of charge-sheet, case was registered in C.C.No.3181/2011. Thereafter, case was referred to the Court of Sessions and was registered as S.C.No.62/2012.

6. The learned Sessions Judge has framed the charges against the accused for the commission of alleged offences. The same was read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried.

7. To prove the guilt of the accused, the prosecution in all, examined five witnesses as PWs.1 to 5 and nine documents were marked as Exhibits P1 to P9. One material object marked as M.O.1. On closure of prosecution side evidence, statement under Section 313 of Cr.P.C was recorded. Accused has totally denied the evidence of prosecution witnesses. However, he has not chosen to lead any defence evidence on hi