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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Munichandra R. S/o Rangadamappa G. – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. requesting quashing of proceedings (Para 1) |
| 2. court proceedings and material review (Para 2 , 5 , 6) |
| 3. arguments on search and seizure process (Para 3 , 4) |
| 4. legal basis for quashing due to violations (Para 7 , 10) |
ORDER :
1. In this petition, petitioner-accused No.1 seeks quashing of the impugned proceedings in C.C.No.35132/2023 on the file of the X Addl. Chief Metropolitan Magistrate, Bengaluru, against the petitioner for the offences punishable under Sections 11 , 14, 32, 38A and 43 of the KARNATAKA EXCISE ACT , 1965.
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondents and perused the material on record.
3. In addition to reiterating the contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that before conducting the impugned search and seizure on 11.04.2023, whereby, the respondent is alleged to have seized the liquor bottles from the petitioner, it was incumbent upon the respondent to either obtain a warrant or record reasons to believe in writing so as to dispense with the obtaining of warrant as mandated under Section 54 of the KARNATAKA EXCI
Procedural non-compliance regarding search warrant requirements under the Karnataka Excise Act invalidates arrest and seizure proceedings, necessitating the quashing of the related FIR.
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 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.
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.
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