IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL REVISION PETITION NO. 163 OF 2023 BETWEEN:

SRI JAYAPRAKASH S/O SADANANDA BHANDARY, AGED ABOUT 37 YEARS, R/AT KOLA, MALPE BEACH, UDUPI PERMANENT RESIDENT OF KASHI MUTT HOUSE, VITLA POST BNTWALA TALUK-572 101 …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE)

AND:

Digitally signed THE STATE BY PSI by PANKAJA S MALPE POLICE STATION, UDUPI, Location: HIGH REPRESENTED BY COURT OF STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT OF KARNATAKA BANGALORE - 560 001 …RESPONDENT (BY SRI RAJAT SUBRAMANYAM, HCGP)

THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 12.01.2023 IN CRL.A.NO.104/2021 PASSED BY THE LEARNED II ADDL.DISTRICT AND SESSIONS JUDGE AT UDUPI AND ALSO SET ASIDE THE JUDGMENT OF CONVICTION DATED 29.11.2021 IN C.C.NO.1360/2016 PASSED BY THE COURT OF PRL.CIVIL JUDGE AND J.M.F.C UDUPI FOR THE OFFENCE P/U/S 32 AND 34 OF THE KARNATAKA EXCISE ACT IN SO FOR AS THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This revision petition is directed against the judgment and order of conviction dated 12.01.2023 passed in Crl.A.No.104/2021 by the II Additional District and Sessions Judge, Udupi (for short, "the First Appellate Court") whereby partly allowed the appeal by confirming the judgment and order of conviction and sentence passed against the revision petitioner/accused No.1 in C.C.No.1360/2016 dated 29.11.2021 by the Principal Civil Judge & JMFC., Udupi (for short, "the Trial Court").

2. The factual matrix, as borne out from the record is that on 02.10.2015 at about 1:00 p.m., near the fish storage shed at Kodavoor Village, Udupi Taluk, within the jurisdiction of Malpe Police Station, the petitioner along with accused No.2 was found engaged in the unlawful sale of liquor to the public without holding any valid licence. Acting upon credible information, P.W.3, the Police Inspector of Coastal Security Police, accompanied by panch witnesses-P.Ws.1 and 2 and his staff-P.Ws.4 and 5, conducted a raid at the said location and apprehended the accused persons. Upon inspection, the raiding party recovered 48 whisky tetra packets of 180 ml each, 40 Old Tavern whisky packets of 180 ml each, 48 whisky bottles of

180 ml each, and 12 bottles of whisky containing 180 ml each.

3. On further enquiry, it was revealed that the accused were unauthorisedly selling whisky to the public without any licence. Consequently, P.W.3 drew up a Ex.P1-spot mahazar and effected the arrest of the accused under an Ex.P2-arrest mahazar. Samples of the seized liquor were drawn for analysis and forwarded to the Forensic Science Laboratory.

4. Thereafter, a case was registered in Crime No.2/2015 dated 02.10.2015 for offences punishable under Sections 32 and 34 of the Karnataka Excise Act, and the accused were produced before the jurisdictional Magistrate. Upon completion of the investigation, P.W.3-Investigation Officer filed a charge sheet before the learned Magistrate. After securing the presence of the accused, the learned Magistrate proceeded to frame charges against them.

5. In order to prove the charges levelled against the accused before the Trial Court, the prosecution examined, in all, five witnesses as P.Ws.1 to 5, produced and marked 10 documents as Exs.P1 to P10, and identified 11 material objects, which were marked as M.Os.1 to 11.

6. After assessment of the oral and documentary evidence, learned Magistrate convicted the petitioner/accused No.1 and accused No.2 for the charges levelled against them and sentenced them to undergo simple imprisonment for a period of one year and Rs.10,000/- fine for the offence punishable under Section 32 of the Karnataka Excise Act, in default to undergo simple imprisonment for a period of six months. Further, they are sentenced to undergo simple im