Bangalore District Court
State By vs C. Premnathan on 6 November, 2015
IN THE COURT OF THE METROPOLITAN MAGISTRATE
TRAFFIC COURT-I, MAYOHALL UNIT, BANGALORE.
Present:- Smt. Jyothishree Ramagowda Patil,
B.A., LL.B (Spl.),
Metropolitan Magistrate,
MMTC-I, Bangalore.
DATED 6th DAY OF NOVEMBER 2015
C.C.NO.1220/2013
Complainant:- State by
Excise Sub-Inspector,
Shivajinagar Sub Division,
Bangalore.
(Rpd by APP)
V/s
Accused:- 1. C. Premnathan
S/o Late Chinnaiahan,
Aged 65 years, House No.27,
Main Road, 2nd Cross,
Moodalapalya,
Near Vijayanagar, Bangalore.
(Rpd. By Sri. SGM Adv.)
2 C.C.No.1220/2013
1. Date of Incident : 28.4.2013
2. Date of Institution : 28.4.2013
3. Complainant's Name : Excise Sub-Inspector,
Shivajinagar Sub-
Division, Bangalore.
4. Date of commencement
of Evidence : 4.9.2015
5. Date of completion
of Evidence : 10.9.2015
6. Offences punishable : Sec.32, 34 & 43 of
Karnataka Excise Act.
7. Opinion of the
Presiding Officer : Acquitted.
JUDGEMENT
The Excise Sub-Inspector of Shivajinagar Excise Range, has filed the charge sheet against the accused for the offences punishable U/Sec.32, 34 & 43 of the Karnataka Excise Act.
3 C.C.No.1220/2013
2. The brief facts of the case of the prosecution are that:
On 28.4.2013 at about 12.30 pm., the complainant police received the credible information of illegal sale of liquor and went near Shivajinagar Government Hospital and the accused was found with one Active Honda with having the illegal possession of liquor. The complainant police conducted seizure mahazar and seized the different types of liquor bottles from the accused. The complainant/CW.4 P. Nethravathi has registered the case against the accused and conducted the part investigation. CW.5 has filed the charge sheet against the accused on obtaining the chemical analysis report from the concerned laboratory.
3. The cognizance of the offence taken. The accused appeared on receipt of summons and got enlarged on bail. The prosecution papers were furnished as per 4 C.C.No.1220/2013 Sec.207 of Cr.P.C., Charge is framed, read over and explained to the accused. Accused plead not guilty and claimed to be tried.
4. The prosecution has examined PWs.1 to 4 and the documents are marked from Ex.P.1 to Ex.P.5 & MO.1 to MO.13. The statement of the accused U/Sec.313 of Cr.P.C., is recorded. The accused denied the incriminating evidence read over to him. There is no defence evidence.
5. Heard the arguments.
6. The points that arise for my consideration are as follows:
1) Whether the prosecution proves beyond all reasonable doubt that on 28.4.2013 at about 12.30 pm., near Shivajinagar bus stand when the complainant police 5 C.C.No.1220/2013 conducted raid the accused was found with illegal possession of different types of liquor and thereby the accused has committed the offence punishable U/Sec.32, 34 & 43 of Karnataka Excise Act?
2) What Order?
7. My findings on the above points are as under:
Point No.1: In the Negative.
Point No.2: As per final order for the
following:
REASONS
8. Point No.1:- The prosecution has examined PW.1 to PW.4. The complainant/CW.4 Smt. Nethravathi.P is examined as PW.1. She has deposed that on 28.4.2013 as per the information received, she conducted raid along 6 C.C.No.1220/2013 with panchas and staff members near the Shivajinagar Hospital. PW.1 has deposed that the accused was having one plastic bag in which he was having about four bottles of Antiquity blue whisky, one Signature whisky, one bottle of MC Brandy, three bottles of Kingfisher, three bottles of Bacardi white rum, one bottle of Teacher's 50 in the seat of the Active Honda. PW.1 has also deposed that the accused was not having any licence with him to have the possession of said liquor bottles. PW.1 has deposed that after conducting the panchanama she has registered the case and sent the material objects for chemical analysis. PW.1 has also deposed that the said vehicle stands in the name of the accused as per Ex.P.4 B-Register Extract. PW.1 has identified the accused. During the cross-examination of PW.1 she has admitted that no written notice was issued to the witnesses. It is the defence taken by the accused that the accused is Ex- 7 C.C.No.1220/2013 Servicemen. But, the said suggestion is not admitted by the witnesses. The accused has totally denied of seizing the MO.1 to MO.13 from his possession.
9. PW.2 K. Shankar is the Excise Guard who has deposed that he was present at the time of conducting raid. PW.2 during his cross-examination has denied the suggestions of not seizing any material objects for chemical examination.
10. PW.3 Ravi is the panch witness, who deposed that he was present at the spot when the liquor was seized. During the cross-examination of PW.3 he has admitted that he has not read the Ex.P.1 panchanama. PW.4 Doddaiah has deposed that he has filed the charge sheet against the accused. During his cross-examination he has admitted that the accused is an Ex-Servicemen. 8 C.C.No.1220/2013
11. It is the case of the prosecution that the accused was having the illegal possession of MO.1 to MO.13 and thereby he has committed the offences. It is admitted that the alleged spot of incident is a public place. The prosecution has not examined any other witnesses except PW.3 in this regard. The evidence of PW.3 is that he was present when the MO.1 to MO.13 were seized from the accused. But, during the cross- examination, he has admitted that he has not read the Ex.P.1 panchanama. The evidence of PW.3 is not supported by any other independent witnesses. PW.1, PW.2 & PW.4 are the official witnesses. The Ex.P.1 panchanama is stated to be drawn in the presence of the witnesses at the spot. But, the said panchanama is not proved in accordance with law. It is necessary to prove the allegations with independent witnesses by proving the panchanama. But, as per the evidence on record, 9 C.C.No.1220/2013 there is no supportive evidence to prove the guilt of the accused. The counsel for the accused relied on the decisions reported in 2005 Crl.L.J P.377 & AIR 1995 SC P.2339. The counsel for the accused argued that the complainant herself is an Investigating Officer and the evidence of police officer solely cannot be relied and the accused cannot be convicted for the said allegations. On perusal of the entire evidence on record, it goes to show that the prosecution has failed to prove the guilt of the accused. Hence, the accused is entitled for acquittal. Hence, I answer in the Negative to Point No.1.
12. Point No.2:- For the aforesaid reasons, I proceed to pass the following:
ORDER Acting U/Sec.248 (1) of Cr.P.C., the accused is hereby acquitted for the offences punishable U/Sec.32, 34 & 43 of the Karnataka Excise Act.10 C.C.No.1220/2013
The bail bond and surety bonds of the accused shall stands cancelled.
MO.1 to 13 are ordered to be destroyed after the appeal period is over.
(Dictated to the Stenographer, transcript thereof corrected, signed and pronounced by me in the open court on this the 6th day of November 2015).
(Jyothishree Ramagowda Patil) PO, MMTC-I, MAYOHALL UNIT, BANGALORE.
ANNEXURE LIST OF WITNESS EXAMINED ON PROSECUSION SIDE:
PW.1 : Netravathi.P.
PW.2 : K. Shankar.
PW.3 : Ravi.
PW.4 : K. Doddaiah.
11 C.C.No.1220/2013
LIST OF DOCUMENTS MARKED ON PROSECUSION SIDE:
Ex.P.1 : Mahazar. Ex.P.1(a) : Signature of PW.1. Ex.P.1(b) : Signature of PW.2. Ex.P.1(c) : Signature of PW.3. Ex.P.2 : First Information Report. Ex.P.2(a) : Signature of PW.1. Ex.P.3 : Chemical Examination Report. Ex.P.4 : B-Register Extract. Ex.P.5 : Letter.
LIST OF WITNESS EXAMINED ON DEFENCE SIDE:
---NILL---
LIST OF DOCUMENTS MARKED ON DEFENCE SIDE:
---NILL---
LIST OF MATERIAL OBJECTS MARKED:
MO.1 to MO.13 : Liquor bottles.
(Jyothishree Ramagowda Patil) PO, MMTC-I, MAYOHALL UNIT, BANGALORE.12 C.C.No.1220/2013
Order pronounced in the open court for the reasons stated in the separate order. (Vide separate order).
ORDER Acting U/Sec.248 (1) of Cr.P.C., the accused is hereby acquitted for the offences punishable U/Sec.32, 34 & 43 of the Karnataka Excise Act.
The bail bond and surety bonds of the accused shall stands cancelled.
MO.1 to 13 are ordered to be destroyed after the appeal period is over.
(Jyothishree Ramagowda Patil) PO, MMTC-I, MAYOHALL UNIT, BANGALORE.