No Reason For Ignoring The Evidence Of The Official Witnesses: Karnataka HC Dismisses Revision Petition In Excise Case

The Accused was charged with storing illicit substances in his house and was raided by the Excise Inspector.

The Bench of Justice Rajendra Badamikar said that “As such, both the Courts below have rightly convicted the accused and there is no bar that the evidence of the official witnesses is to be discarded. If the evidence is beyond all suspicious reasons, there is no reason for ignoring the evidence of the official witnesses and in the instant case, no such grounds are forthcoming.”

The Court further added that “the report of the complainant wherein it is specifically asserted that immediately after receipt of the information as there is possibility of destroying the evidence, therefore, without obtaining the search warrant, he was compelled to proceed for the raid. This is inconsonance with Section 54 of the Act.”

Advocate Sachin B.S appeared for the Petitioner while HGCP H.S Shankar appeared for the Respondents.

In the case, the Complainant who is Excise Inspector, upon receiving information, raided the premises of the accused wherein 30 liters of jaggery wash and 2 liters of illicit liquid were found. Based on the materials seized, the accused was presented in the Trial Court which convicted the accused under Section 32(1) of the Karnataka Excise Act and Section 273 of the Indian Penal Code.

The accused challenged the order before the District and Sessions Judge who upheld the order of the Trial Court. Aggrieved by this, the accused approached the High Court through a revision petition.

After a careful examination of facts and circumstances, the High Court held that “There is no serious dispute of the fact that the house where the raid was conducted was standing in the name of the wife of the accused and accused was residing there. PWs.1 and 2 are the Mahazar witnesses and both these witnesses have turned hostile. They denied regarding they accompanying the Excise officials for raid and drawing mahazar in their presence.”

Further, the Court added “On total analysis of evidence, it is evident that PW1 and PW2 have intentionally turned hostile. But, PWs.3 and 5 have supported and they testified regarding raid conducted by them. Their evidence is not impeached and it is again corroborated by Exs.P1 to P11. Further, there is no serious dispute that the seized materials contain chemical which is not meant for human consumption as per Ex.P15 -FSL report which is not challenged at all.”

Accordingly, the High Court dismissed the Revision Petition.

Cause Title: D.B. Ramesh v. State By Excise Police Mudigere, Chikkamagaluru

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