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CRL.P No. 6678 of 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF FEBRUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL PETITION NO. 6678 OF 2018

BETWEEN:

1.

MR. VAIBHAV VERMA

S/O RAMNIWAS MUNSHIRAM VERMA

AGED ABOUT 36 YEARS

2.

MR. KABEER KHOKAN BISWAS

S/O LATE KHOKAN BABU BISWAS

AGED ABOUT 35 YEARS

PETITIONERS FORMERLY AT

NO.457, 7TH MAIN ROAD

2ND CROSS, HAL 2ND STAGE, INDIRANAGAR

BENGALURU-560 038

CURRENT ADDRESS AT

201, 2ND FLOOR, SMART SQUARE COMPLEX,

100 FEET ROAD, INDIRA NAGAR II STAGE

HOYSALA NAGAR, INDIRANAGAR

BENGALURU-560 038.

…PETITIONERS

(BY SRI SANDESH J. CHOUTA, SENIOR COUNSEL FOR

SRI NARENDRA H.N., ADVOCATE)

AND:

STATE OF KARNATAKA THROUGH

THE INSPECTOR OF EXCISE

INDIRANAGAR EIB-4

BANGALORE-560 038

Digitally signed by

R HEMALATHA

Location: High

Court of Karnataka

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CRL.P No. 6678 of 2018

REPRESENTED BY THE PUBLIC PROSECUTOR

ATTACHED TO THE COURT

…RESPONDENT

(BY SRI VINAYAKA V.S., HCGP FOR RESPONDENT/STATE)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF THE CODE OF CRIMINAL PROCEDURE, 1973 AND ARTICLE

226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED FIR NO.9/2018-19/03IE/030212 DATED 11.08.2018

REGISTERED BY THE INSPECTOR OF EXCISE, INDIRANAGAR

EIB-4,

BANGALORE

AGAINST

THE

PETITIONER

HEREIN

(ANNEXURE-B) FOR THE OFFENCES U/S 11, 13(1)(a), 14(2),

15 OF KARNATAKA EXCISE ACT, 1965, P/U/S 32, 38A

THEREOF, AND WHICH IS PENDING ON THE FILES OF THE

C.M.M., BANGALORE IN CR.NO.9/2018 AND ALL ACTION TAKEN

THEREUNDER AND FURTHER THERETO.

THIS PETITION, COMING ON FOR HEARING, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

On 11.08.2018, the Inspector of Excise, received a

credible information that, a user by name Hidayat Khaleel,

identified himself to be above 21 years of age, initiated a task

on the dunzo mobile app to purchase from a licensed alcohol

vending store and since the purchase of the alcohol is

permitted to a person over the age of 21 years from a licensed

store,

the

independent

contractor

in

the

area,

Mr.

Revanasiddayya G, accepted to perform the task and Mr.

Revanasiddayya G. allegedly purchased the said items from

Karnataka Spirit World, being the licensed third-party vendor

identified by the user, and handed over the items at Sterling

Apartment, Sahakar Nagar, Bengaluru, the place identified by

the user as the drop-off location.

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CRL.P No. 6678 of 2018

2.

On 12.08.2018, the Company's personnel learnt

that Mr. Revanasiddayya G., the Independent Contractor in the

instant task was arrested and subsequently, the company

received information that the FIR was registered for the

offences under Sections 11, 13 (1) (a), 14(2) and 15 of the

Karnataka Excise Act, 1965, Sections 32 & 38A thereof. On

13.08.2018, the Company was informed that the Company's

Directors, the petitioners herein have also been arraigned as

accused in the said case. Being aggrieved by the registration of

the FIR, accused Nos. 2 and 3 are before this Court.

3.

Mr. Sandesh J. Chouta, learned senior counsel for

the petitioners-accused Nos. 2 & 3 submits that Dunzo Digital

Private Limited is an intermediary and intermediary cannot be

prosecuted for the aforesaid offences, since they are protected

under Section 79 of the Information Technology Act, 2000.

4.

He further submits that accused Nos.2 & 3 are the

Directors of the Dunzo Digital Private Limited Company, a

company incorporated under the Independent Contractor Act.

The company having not been arrayed as an accused, the

petitioners-accused cannot be held vicariously guilty of the

above said offences.

In support, reliance is placed on the

decision

of

the

Co-ordinate

Bench

of

this

Court

in

Crl.P.No.6595/2022 disposed of on 25.08.2022.

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CRL.P No. 6678 of 2018

5.

On the other hand, learned HCGP for the State

would submit that, the accused No.1 transported liquor