Bangalore District Court
State By Excise Inspector vs Ky Srikantha @ Kantharaju on 13 May, 2015
IN THE COURT OF THE V ADDL. C.M.M., BANGALORE CITY
Dated this the Wednesday the 13th day of May 2015.
PRESENT: Sri B. VENKATESHA, B.Sc., L.L.B.,
V ADDL., C.M.M., BANGALORE CITY.
CC No.18062/2010
Complainant: State by Excise Inspector,
Gandhinagar Sub-Division,
Bangalore.
(Rep., by Sr. APP., Bangalore)
Vs.
Accused: 1.KY Srikantha @ Kantharaju
S/o Yellappa, 29 Yrs.,
R/o No.41, Hanuman Nivasa,
Kuvempunagara, 3rd Cross,
8th Main, T Dasarahalli,
Bangalore-67.
And also at
No.21, Stud Farm, BG Road,
Kunigal Town, Tumkur District.
2.NM Satish @ Mohan Kumar
S/o Manjunatha, 28 Yrs.,
C/o MC Rajanna Building,
Opp., to KG Vidya Mandira,
7th Cross, Thigalarapalya,
Peenya II stage, Bangalore.
And also at
Kandali Grama and Post,
Hassan Taluk and District.
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3.Chikkanna S/o Late Mayanna,
65 Yrs.,
R/a No.1253, 6th Cross,
Rama Mandira Road,
Kaveripura, Kamakshipalya,
Magadi Main Road, Bangalore.
A-4 Not traced.
5.M. Mocham
S/o Late Mariyasunnai, 52 Yrs.,
No.8/10, New No.4/8/105,
Nehrujinagara,
Ayyanur Shivakasi
Viruddhanagar, Tamil Nadu-626124.
6.M Vijayan S/o S Murugan,
Sri Rama Printers, No.56/57,
Swamypuram Colony,
Viruddhanagar, Tamil Nadu
and Also at
No.4/1730.56, House Colony,
Palapatti Road, Shivakasi(East) ,
Tamilnadu.
(Rep. by Sri MRV, Adv.,)
JUDGMENT AS PER SEC. 355 Cr.P.C.
1. Serial number of the case : CC No.18062/2010
2. Date of the commission of
the offence : 16.10.2009
3. The name of the complainant : Sri HC Rajamallu
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4. Name of the accused persons
and their parentage and residence: As stated above.
5. The offence complained off :U/s.11 13(1)(f) and 14
are proved Punishable U/s.32, 38A and 43
of KE Act 1965
6. The plea of the accused and : Pleaded not guilty and
his examination denied the incriminating
evidence.
7. The final order : Acquitted.
8. The date of such order : 13.05.2015
THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief as set out in Cl. No.7 of
charge sheet is that the accused persons on 16.10.2009 during
night hours at about 8.30 p.m. in a Maruti car bearing reg No.CAY
4944, which was parked in front of residential bearing No.1253
belonging to Chikkanna S/o Late Mayanna, that situated at 6th
Cross, Rama Mandira Road, Kaveripura, Kamaksipalya, Magadi
Road, Bangalore, and in a room of the aforesaid house, found
storage of duplicate liquor manufacturing articles and the accused
No.5 and 6 got printed the duplicate Labels and supplied to
accused No.1 to 3 in the printing press of accused No.6. Thus,
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the accused persons have committed the aforesaid offences.
Hence, the charge sheet.
2.The accused No.1 to 3, 5 and 6 are enlarged on bail.
After submission of this charge sheet, this court has taken
cognizance of the aforesaid offences against the aforesaid
accused persons. Copies of the charge sheet have been
furnished to them as per Sec. 207 of Cr.P.C., Accused No.4 has
not been traced. Hence, this case is taken up against accused
No.1 to 3, 5 and 6 only. With no objection from the Counsel for
the accused, this Court framed charge for the aforesaid offences
against accused persons. The same read over and explained to
them in the language known to them. They pleaded not guilty.
The prosecution has examined CWs.10, 13, 1, 11,12, 6 and 14 as
PWs.1 to 7 and it has got marked fifteen documents as Ex.P-1 to
P-16. MO1 labels, corks and security slips etc are all got marked
for the prosecution. Statement of the accused as required U/sec.
313 of Cr.P.C has been recorded. The accused persons have
denied the incriminating evidence that appeared against them.
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They have submitted that they have no ence evidence. Heard the
arguments of both sides, perused evidence placed before the
court..
3.This case has been registered by CW.13/PW.2
Govindaraju Excise Inspector, RPC Layout Range, Bangalore on
17.10.2009 on the ground that PW.2/CW.13 A Govindaraju,
PW.1/CW.10 HC Rajamallu and other staff Gangadhar, Shivanna,
Sommanna were on patrolling duty on the said date at about 7.00
p.m. on Magadi Road, and they found that one Maruti 800 Car
bearing registration No. CAY 4944 blue color is proceeding
towards residential house bearing No.1253 of the said area,
accused No.1 and 2 are in the said car, A-2 is driving the said car.
They inspected the said car and in two polythene bags found the
said car that consists 10,000 each Old Mank Rum and Original
Choice Whisky Labels and 10,000 security slips. They have not
possessed any license or permit to transport the said labels and
security slips. The accused No.1 and 2 told that they stored the
said labels in a residential house of accused No.3 Chikkanna and
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that they used to transport the said labels to different places.
Therefore, they inpsected the said house and found that there
exists 10,000 labels of different brands, Clarks and security slips.
The accused No.1 has possessed two mobile phones and cash of
Rs.5,000/-. The accused No.2 has possessed Sony Ericson Mobile
phone. Therefore, PW.2 has recovered all the said properties by
way of preparing mahazar marked as per Ex.P-2 in between 8.30
p.m. to 11.30 p.m. MO1 bears several labels, Clarks and security
slips.
4. During the course of their oral evidence that recorded at
the time of their chief examination, PWs.1 and 2 have deposed
before this Court by way of reiterating the aforesaid facts. PW.3
Ravikumar is an attesting witness to the mahazar marked as per
Ex.P-1. He has identified his signature as per Ex.P-1c. During
the course of his oral evidence that recorded at the time of his
chief-examination he has deposed that on 16.10.2009 at about
8.15 p.m. he was proceeding towards his friends' house that
situated at Kamakshipalya, Magadi Road, Bangalore, at that time
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in 4-5 Jeeps the Excise officials came tot the said spot, they
requested him to follow in one jeep by saying that somebody
have illegally transporting several excise labels and caps.
Therefore, he accepted and traveled along with the Excise
Officials and they stopped one Maruti 800 blue color. In the said
car 2 polythene bags were found and in the said bags excise
labels, that used to stick over liquor bottles and further they
found caps of liquor bottles. The accused No-2 drove the said
car. Thereafter, the excise Officials took him along with the
accused persons to one house of Kaveripura, Kamakshipalya. In
the said house also, the Excise Officials have seized several caps
and labels. At that time, one Prabhuswamy also present there at
that time. The said house is belongs to one Chikkanna and that
the said Chikkanna is also present at that time. Excise officials
have recovered the said labels, caps etc., by preparing mahazar
as per Ex.P-1. He put his signature on the said document. He
identified the said label as MO1.
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5.PW.4 the then Excise Inspector of Anekal, Bangalore,
during the course of his oral evidence that recorded at the time of
his chief examination has deposed that on 11.02.2010 along with
the Superintendent Shivanagowda Patil, Inspectors' Shivakuamr,
Sandeep and Lokanath, went to Shivakasi Town of Tamilnadu and
visited door No.56-57 at about 3.30 p.m. In the said house
accused M Mocham was present at that time and one printing
press also found in the said house. Police officials of Shivakasi
Town also came to the said house and called the accused Vijayan
through telephone. The said Vijayan came to the said house.
They didn't found labels in the said printing press, when they
searched. The accused Vijayan told to the Excise Officials that he
got printed the MO1 Labels and delivered the same to Mocham.
The said printing press is Srirama Printing Press. Excise Officer
Sandeep prepared the mahazar as per Ex.P-2 in the said printing
press.
6.PW.5 Divyashree, the then Excise Inspector of
Gandhinagar Sub-Division, Bangalore, during the course of her
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oral evidence that recorded at the time of her chief-examination
has deposed that on 26.10.2009 she obtained arrest warrant to
arrest the accused-Mocham, but she unable to trace the said
accused. Therefore, she handed over the case file to CW.14
Sandeep, Excise Inspector.
7.PW.6 Thiruvenkataswamy, the then Head Constable of
Shivakasi Town east P.S., during the course of his oral evidence
that recorded at the time of his chief examination he has deposed
that Officer Shivanagowda Patil and other excise officers came to
Shivakasi Town on 11.02.2010 at about 3.15 p.m. At that time
he and another Head Constable Shankar Raj are all went to Sri
Rama Printers that situated at Swamypuram Colony of Shivakasi
town along with the Excise Officials of Karnataka. At that time
the Excise Officers have seized the printing and cutting machine
and have obtained their signature on Ex.P-2. The accused
Mocham and Vijayan were also present in the said printing press
at that time.
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8.PW.7 Sandeep KJ the then Excise Inspector of
Gandhinagar Sub-Division, Bangalore, during the course of his
oral evidence that recorded at the time of his chief examination
has deposed that he took the case file from Divya Shree on
1.2.2010. He submitted Excise Labels to MCA Bangalore for
verification. He received report marked as per Ex.P3 on
18.2.2010. Ex.P-3 discloses that the label marked as per MO1 is
of duplicate labels. He has also sent labels of Super Jack Whisky,
Original Choice, Gold Cup, Mcdowel Rum No.1, Golkanda Brandy,
Bagpiper Whisky, Highway Fine Whisky and Windsor Deluxe
Whisky to the concerned Distilleries and received the reports
marked as per Ex.P-4 to P15. Ex.P-3 to P-15 are also discloses
that the said labels are duplicate. He visited Shivakasi Town and
arrested accused No.5 Mocham on 9.2.2010 and as per the say of
accused No.5 he again visited Shivakasi on 11.02.2010 and at
about 3.30 p.m. went to Srirama Printers along with his senior
officers and police staff of Shivakasi P.S., He enquired the
accused Vijayan. He admitted that he printed the said labels and
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supplied same to the accused No.5 Mocham. He prepared the
mahazar as per Ex.P2 and recovered the printing and cutting
machine. After completion of investigation he submitted the final
report against the accused persons.
9. Except PW.3 other witnesses are all official witnesses.
Other independent panch witnesses are not examined to
corroborate the contents of Ex.P-1 and 2 and evidence of PW's.1,
2 and 7. The persons who inspected the said labels and submitted
report as per Ex.P-3 to P-15 have not been examined to
corroborate the case that the accused persons have printed the
said labels just to have unlawful gain. PW.3 during the course of
his cross-examination has deposed as under:-
D PÁgÀ£Äß vÀqÉzÀÄ ¤°è¹zÀ eÁUÀ AiÀiÁªÀÅzÀÄ JAzÀÄ £À£ÀVÃUÀ £É£À¦®è. D ªÀÄ£É
£A§gï £À£ÀUÉ UÉÆwÛ®è. ¤¦-1 gÀ°è K£ÀÃãÀÆ §gÉ¢zÉ JAzÀÄ £À£ÀVÃUÀ UÉÆwÛ®è. D PÁj£À
£ÀA. £À£ÀUÉ UÉÆwÛ®è
The aforesaid evidence of PW.3 itself defeats his evidence
that deposed by him during the course of his chief examination.
The said evidence also didn't corroborate the evidence of PWs.1
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and 2. Therefore, I am of the opinion that it would be very
difficult to accept that the accused persons have created the said
labels. Hence, it would be very difficult to accept that the accused
persons have committed the said offences. Therefore, I am of the
opinion the prosecution has miserably failed to prove its case as
alleged against the accused persons beyond all reasonable doubt.
The accused persons are entitled for acquittal.
10.In view of the aforesaid discussion, this court proceed to
pass the following:-
ORDER
By acting U/s 248 (1) Cr.P.C. the aforesaid accused No.1, 2, 3, 5 and 6 are hereby acquitted of the offences U/s.11, 13(1)(f) and 14 punishable U/s.32, 38A and 43 of KE Act 1965.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., (Dictated to the Stenographer, transcript thereof is computerized and print out taken by him is verified and then pronounced by me in the open court on this the Wednesday the 13th day of May 2015.) (B.VENKATESHA) V Addl.C.M.M., B'lore.
13CC No.18062/2010 ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW.1 : HC Rajamallu PW.2 : A Govindaraju PW.3 : Ravikumar PW.4 : Chandrashekar PW.5 : Divyashree PW.6 : Thiruvenkataswamy PW.7 : KG Sandeep.
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P1 : Mahazar dt., 16.16.10.2009 Ex.P2 : Seizure Mahazar Ex.P3 to 15 : Reports Ex.P16 : Labels.
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION:
MO1 Labels etc. (B.VENKATESHA) V Addl.C.M.M., B'lore.
14CC No.18062/2010 13.05.2015 State by Sr. APP Accused No.1 to 3, 5 and 6 on bail Accused No.4 for Judgment.
Case called. Accused No.1 to 3, 5 and 6 Pt.,/abt., Judgement pronounced in the open Court as under vide separate Judgement kept in the file.
By acting U/s 248 (1) Cr.P.C. the aforesaid accused No.1, 2, 3, 5 and 6 are hereby acquitted of the offences U/s.11, 13(1)(f) and 14 punishable U/s.32, 38A and 43 of KE Act 1965.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., (B.VENKATESHA) V Addl.C.M.M., B'lore.
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