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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
VENKATESH NAIK T
Veerappa @ Virupakshappa, S/o. Malakajappa Kadli – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. overview and facts of the case (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments of the parties regarding conviction and proceedings (Para 9 , 10) |
| 3. court's analysis of procedural errors and statutory requirements (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. final judgment and order of acquittal (Para 22) |
ORDER :
VENKATESH NAIK T, J.
The petitioner, who is the sole accused, has preferred this criminal revision petition under Section 397 of Code of Criminal Procedure, 1973 (for short, ' Cr.P.C.'), challenging the judgment of conviction and order on sentence passed by the learned Senior Civil Judge and Judicial Magistrate First Class, Kundgol, in Criminal Case No.119 of 2016 dated 3-8-2024 and confirmed by the I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, in Criminal Appeal No.5124 of 2024 dated 5-3-2025.
2. The petitioner is the accused and the respondent– State is the complainant before the trial Court. The ranks of the parties before the trial Court are retained for the sake of convenience.
3. Brief facts of the case are as under:
On 22-12-2015 in the evening hours, when the complainant, the Excise Inspector of Kundgol was on patrol
A conviction based on statutory non-compliance regarding search and seizure procedures and the improper registration of an F.I.R. is void, necessitating acquittal of the accused.
Failure to comply with mandatory provisions regarding search and seizure under the Karnataka Excise Act leads to quashing of FIR and subsequent proceedings.
Procedural non-compliance regarding search warrant requirements under the Karnataka Excise Act invalidates arrest and seizure proceedings, necessitating the quashing of the related FIR.
Procedural non-compliance with search warrant requirements under the Karnataka Excise Act vitiates the FIR and subsequent proceedings.
Non-compliance with statutory provisions regarding search warrants in liquor-related cases leads to quashing of FIR and subsequent proceedings.
The absence of proper documentation and information rendered the conviction erroneous and illegal, leading to the acquittal of the petitioner.
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
Failure to comply with mandatory search procedures under the A.P. Excise Act vitiates criminal proceedings, constituting an abuse of process.
The prosecution must establish its case beyond reasonable doubt, adhering to statutory requirements; failure to do so results in acquittal.
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