JUDGMENT

There is a delay of 27 days in filing the present appeal. It is noticed that the appeal lacks any merit. Therefore, the application for condonation of delay is allowed. The appeal is considered on merits.

It is to be noticed that the Lower Appellate Court has arrived at categorical findings as follows:

“10. Point No.1 to 3:- The important aspect that has

to be proved by the prosecution is the seizure of 80 litres of jaggery wash and 5 litres of illicit liquor from the possession of the accused on 1.3.2010 at 5.30 PM at Lakkenahalli Village, Kadur Taluk beyond all reasonable doubt. To prove this aspect the prosecution has relied upon the oral evidence of PW1 to PW4 and documentary evidence Ex.P1. Looking to the grounds urged in the

appeal memo and the reasons assigned by the learned magistrate in the judgment it is proper to re-appreciate the evidence placed on record. Therefore the evidence of PW1 to PW4 is taken for re-appreciation. PW1 to PW3 are the official witnesses. PW3 is the investigating officer deposed supporting the case of the prosecution. It may be quite natural that PW3 would depose in his official capacity. Let me go through whether the evidence of PW3 is corrob