Bangalore District Court
State By Police Sub-Inspector vs Mahendra S/O Mayigegowda on 15 November, 2016
IN THE COURT OF THE CHIEF METROPOLITAN
MAGISTRATE, BENGALURU CITY
Present:- Sri Rudolph Pereira B.Com., L L.M.
Chief Metropolitan Magistrate, Bengaluru
Dated this the 15th day of November 2016
C.C. NO.23264/2011
Complainant : State by Police Sub-Inspector,
Special Police Station, Excise
Enforcement & Lottery Prohibition
Wing, Bengaluru East.
-V/s-
Accused : 1. Mahendra s/o Mayigegowda, 22 yrs,
Presently R/at Kalkere Grama, Ramamurthy
Nagar Main Road, Venkateshwara Wine
Store, Bengaluru.
Native Place: Mathikere Village and Post,
Channapatna Taluk, Ramanagar Dist.
2. Chetan s/o Ramu, 21 yrs,
Presently R/at Kalkere Grama, Ramamurthy
Nagar Main Road, Venkateshwara Wine
Store, Bengaluru.
Native Place: Hanakere Grama, Maddur
Taluk, Ramanagar District.
Date of offence : 06-12-2010
Offence : U/S 32, 34 and 43(A) of
Karnataka Excise Act, 1965
2 CC No.23264/2011
Plea of the accused : Accused No-1 and 2 pleaded
not guilty
Final order : Accused No-1 and 2 Acquitted
Date of Judgment : 15-11-2016
J U D G M E N T U/S 355 of Cr.P.C.
The Police Sub-Inspector of Special Police Station,
Excise Enforcement & Lottery Prohibition Wing, Bengaluru
East has filed this charge sheet against accused persons for
the offences punishable under Section 32, 34 and 43(A) of
the Karnataka Excise Act, 1965.
2. The case of prosecution in brief is that-
On 06-12-2010 at about 8-20 a.m. within the limits of
Kothanur P.S., Bengaluru i.e., near the Tank Bund situated
on the road in between Doddagubbi - Bande Bommasandra,
the accused No-1 and 2 were found in illegal possession and
transportation of liquor i.e., 94 numbers 180 M.L. bottles of
Original Choice Whisky and 9 numbers 180 M.L. bottles of
Silver Cup Brandy in plastic bag, in the two wheelers bearing
3 CC No.23264/2011
registration No.KA 03 Q 3507 for sale to customers at
Kadena Agrahara Village, without holding any permit or
license and thereby committed the alleged offences.
3. The accused No-1 and 2 are on bail and a counsel
represents them. After furnishing the copies of charge sheet,
charge against accused persons was framed by my then
learned predecessor for the alleged offences. Accused No-1
and 2 pleaded not guilty and claimed to be tried.
4. On behalf of prosecution, P.W.1 is examined.
Exhibits P.1 to P.5 and MO1 and 2 are marked. The
prosecution has failed to secure the presence of CW2 to CW9
inspite of coercive steps taken by this court. Hence, in the
interest of speedy justice to the accused persons, this court
dropped the said witnesses. Thereafter, the accused persons
are examined under Section 313 of Cr.P.C. They denied the
evidence, which appeared against them and submitted that
they have no defence evidence.
4 CC No.23264/2011
5. Heard the arguments advanced by the learned Sr.APP
and the learned counsel for accused persons.
6. The prosecution has examined the complainant and
IO - H.R.Balakrishnaraju as PW1. He has deposed that on
06-12-2010 on the credible information received at 7.00 a.m.,
he along with his subordinates and panchas were waiting at
8.30 a.m. near the Tank situated at Doddagubbi -
Bommasandra Village. At that time, the accused persons
came in a two wheelers by holding a plastic bag and on
enquiry, they disclosed their names. On inspection of the
plastic bag, 94 numbers 180 M.L. bottles of O.C. Liquor and
9 numbers 180 M.L. bottles of Silver Cup Brandy were
found, for which they have neither produced relevant
documents nor given any satisfactory explanation for
possessing the same. He has further deposed that he has
seized the liquor bottles along with two wheelers through
5 CC No.23264/2011
Ex.P1 and separated two bottles for sample purpose as per
MO1 and 2.
7. The PW1 has further deposed that he has sent the
seized two wheelers to the Excise Inspector of Banaswadi
Range for further action, wherein he came to know that the
vehicle was auctioned. He has identified the orders in that
regard as per Ex.P2. Further he has identified the Ex.P4
complaint given by him to CW9 and deposed that by
receiving the case file for further investigation from CW9,
recorded the statements of witnesses and after obtaining
chemical examiner's report, filed charge sheet against the
accused persons for the alleged offences.
8. But during cross-examination, PW1 has stated that he
has not seized the documents of the vehicle used by the
accused persons for transportation of the alleged liquor
bottles. He has admitted that he does not know the fact that
the accused persons are not the owners of the said vehicle.
6 CC No.23264/2011
The above statement of PW1 indicates that he has not
properly investigated the case.
9. Herein, in order to prove the possession and
transportation of liquor bottles by the accused persons and
seizure of the same by PW1 on the above said date, place and
time, the prosecution has not examined the cited witnesses.
The CW2 to 9 did not turn up before this court to support the
case of prosecution. Therefore, I am of the view that on the
basis of sole testimony of PW1, it cannot be held that the
accused persons were transporting the liquor bottles in the
two wheelers on the above said date, place and time. In the
absence of concrete evidence, the accused persons cannot be
held guilty of the charges leveled against them. In the result,
extending the benefit of doubt to accused persons, I proceed
to pass the following:
7 CC No.23264/2011
ORDER
The accused No-1 and 2 are found not guilty. Hence acting under Section 248(1) of Cr.P.C., they are acquitted of the offences punishable under Section 32, 34 and 43(A) of Karnataka Excise Act, 1965.
Their bail bonds shall stand canceled and they are set at liberty.
After the completion of appeal period, MO1 and 2 are ordered to be returned to the S.H.O. of Special Police Station, Excise Enforcement & Lottery Prohibition Wing, Bengaluru East, for disposal in accordance with law. (Dictated to the Stenographer directly on computer, print revised, corrected and then pronounced by me in open court on this the 15-11-2016) (Rudolph Pereira), CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
8 CC No.23264/2011ANNEXURE List of Witnesses examined on behalf of the prosecution:-
P.W.1 : H.R.Balakrishnaraju List of Documents marked on behalf of the prosecution:-
Ex.P.1 : Mahazar
Ex.P.2 : Order/Letter dated
20-10-2012 (Copy)
Ex.P.3 : Bank Challan (Copy)
Ex.P.4 : Complaint
Ex.P.5 : Report of Chemical
Analysis
List of Material objects produced:-
MO1 & 2 : Sample Liquor
Bottles
List of Witnesses examined & documents marked on behalf of the defence:
NIL Chief Metropolitan Magistrate, Bengaluru.9 CC No.23264/2011
15-11-2016 Judgment pronounced vide separate sheets.
ORDER The accused No-1 and 2 are found not guilty. Hence acting under Section 248(1) of Cr.P.C., they are acquitted of the offences punishable under Section 32, 34 and 43(A) of Karnataka Excise Act, 1965.
Their bail bonds shall stand canceled and they are set at liberty. After the completion of appeal period, MO1 and 2 are ordered to be returned to the S.H.O. of Special Police Station, Excise Enforcement & Lottery Prohibition Wing, Bengaluru East, for disposal in accordance with law.
Chief Metropolitan Magistrate, Bengaluru.