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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMA, J
V. Aswathnarayan, S/o. Subbarayudu – Appellant
Versus
State of Karnataka – Respondent
ORDER :
In this petition, petitioner seeks the following reliefs;
"a) Issue an appropriate order and quash the FIR Cr.No.55/2023/24 filed by the respondent - Inspector of Excise, Yelahanka Range, Bangalore District, against the petitioner, which is submitted before the Hon'ble VII Addl. CMM at Bengaluru, registered for an alleged offence p/u/s 11, 14, 15, 32, 34, 38(A), 40, 43(A) of the KARNATAKA EXCISE ACT , 1965, to secure the ends of justice and to prevent abuse of process of Court.
b) Pass such other orders, as the petitioner is entitled to in the facts and circumstances of the case, in the interest of justice and equity."
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and perused the record.
3. A perusal of the material on record will indicate that on 22.03.2024, without obtaining a warrant or a Police report and without recording reasons to believe as to why the warrant and the Police report should be dispensed with, the respondent- Police seized the subject liquor bottles from the petitioner. It is contended that the impugned seizure as well as proceedings are contrary to Sections 53 and 54 of the KARNATAKA EXCISE A
Procedural non-compliance with search warrant requirements under the Karnataka Excise Act vitiates the 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.
Non-compliance with statutory provisions regarding search warrants in liquor-related cases leads to quashing of FIR and subsequent proceedings.
Failure to comply with mandatory provisions regarding search and seizure under the Karnataka Excise Act leads to quashing of FIR and subsequent proceedings.
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.
The Arunachal Pradesh Excise Act, 1993 supersedes the CrPC regarding investigations, prohibiting police from registering FIRs for offences under the Act.
Failure to comply with mandatory search procedures under the A.P. Excise Act vitiates criminal proceedings, constituting an abuse of process.
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