STATE OF KARNATAKA Vs. MAHADEVA

JUDGEMENT

(1.) Heard both the sides on Misc. Crl. No. 2425/2009, the petition filed by the appellantcomplainant under Section 5 of Limitation Act seeking condonation of delay of 171 days caused in filing the present appeal. Accepting the cause shown in the affidavit sworn to in support thereof, the said application is allowed and the said delay is condoned.

(2.) Though this matter is listed today for hearing on application for condonation of delay, it is taken for final disposal by consent of the learned High Court Government Pleader and also the learned counsel for respondent. Perused the impugned judgment and order of acquittal.

(3.) The respondent - accused was prosecuted before the Trial Court by the appellant- complainant for the offences under Sections 11, 14 and 34 of Karnataka Excise Act. It is the case of prosecution that on 11-5-2005 at about 7.00 p.m. when the police conducted search of the shop premises of the accused, 83 liters of illicit liquor were found possessed by him. Therefore, the respondent - accused came to be charge-sheeted for the said offences. On appreciation of evidence of PWs. 1 and 2 and the documents at Exs. P1 to P3, the Trial Court acquitted the accused by its impugned judgment and order. The correctness of the same has been challenged in this appeal.