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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Karunakara Shetty, S/o Late Bujanga Shetty – Appellant
Versus
State – Respondent
ORDER :
In this petition, petitioner seeks for the following reliefs:
“Wherefore, it is most humbly prayed that, the Hon’ble Court be pleased to set aside the order of issue of process for the offence punishable under Sections 32 and 34 of the KARNATAKA EXCISE ACT , 1965 by the Principal Civil Judge and JMFC, Kundapura, dated 23.08.2024 vide Annexure-D and consequently, quash the charge sheet vide Annexure-C filed by respondent herein in Shankaranarayana PS under PS Crime No.52/2024 against the accused No.2/petitioner herein in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that on 02.06.2024, respondent conducted raid behind the liquor shop of the petitioner being run under the name and style Laxmi Bar and Restaurant and seized liquor bottles, pursuant to which, respondent instituted proceedings in private complaint in Crime No.52/2024 for the offences punishable under Sections 32 and 34 of the KARNATAKA EXCISE ACT , 1965, which is currently pending in C.C.No.771/2024, which is assailed in the present petiti
Non-compliance with statutory provisions regarding search warrants in liquor-related cases 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.
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 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.
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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