IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8311 OF 2023 (482(Cr.PC) / 528(BNSS))

BETWEEN:

VINAY N S/O G.H.NAGARAJA, AGED ABOUT 34 YEARS, R/AT NO.51, MATHRU MANDIRA, PRASHANTH NAGARA, CHIKKABALLAPUR TALUK, CHIKKABALLAPURA DISTRICT-562 101.

…PETITIONER (BY SRI. M.T. NANAIAH, SENIOR COUNSEL FOR SMT. RACHITA NANAIAH M., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY EXCISE INSPECTOR, Digitally signed by GOWRIBIDANUR RANGE, LAKSHMI T CHIKKABALLAPUR.

Location:

REP BY ITS STATE PUBLIC PROSECUTOR, High Court of Karnataka HIGH COURT COMPLEX, BENGALURU-560 001.

2. MANJUNATHA M AGED ABOUT 36 YEARS, ABAKARI INSPECTOR, ABAKARI INSPECTOR OFFICER, GOWRIBIDANUR ZONE.

…RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 SERVED)

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., GOWRIBIDANUR, CHIKKABALLAPURA IN C.C.NO.357/2021 REGISTERED BY THE GOWRIBIDANUR EXCISE RANGE POLICE, CHIKKABALLAPUR/1^ST RESPONDENT POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 21(1) AND 32 OF THE KARNATAKA EXCISE ACT AND DISMISS THE COMPLAINT CONSEQUENTLY THE CHARGE SHEET FILED BY THE 1^ST RESPONDENT BY ACQUITTING THE PETITIONER.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner is seeking to quash the entire proceedings pending on the file of the Court of Principal Civil Judge and JMFC, Gowribidanur, in CC No.357/2021 arising out of FIR No.80/2019-20/12051E/120505 dated 25.3.2020, registered by the Inspector of Excise, Gowribidanur Range, Gowribidanur, Chikkaballapura District, for offence punishable under Section 21(1) and 32 of the Karnataka Excise Act, 1965.

2. In brief, it is alleged that, inspite of prohibition of sale of liquor during COVID-19 pandemic from 21.3.2020 to 31.3.2020, the accused were selling liquor by keeping open one Nagajyothi Wine Store in Gowribiddanur Taluk and thereby committed the aforementioned offence.

3. A suo moto complaint was lodged by the Inspector of Excise, Gowribidanur Range, Gowribidanur, alleging that on 24.3.2020 at about 5.45 p.m., when he was on rounds, he received a credible information that liquor was being sold in Nagajyothi Wines and therefore, along with other officials and panchas, he went to the said wine shop, wherein accused No.1 by name Prakash on seeing them tried to escape, but he was caught and five boxes containing 1400.52 liters of liquor and 354.385 liters of beer were seized.

4. Charge sheet is filed against accused Nos.1 and

2 for offences punishable under Section 21(1) and 32 of the Karnataka Excise Act.

5. It is submitted that accused No.1 is no more.

Petitioner is arraigned as accused No.2. He is said to be the license holder of the shop from where the liquor was seized.

6. According to prosecution, the accused have violated Section 21(1) of the Karnataka Excise Act, punishable under Section 32 of the said Act.

7. Learned Senior counsel appearing for the petitioner has contended that the entire proceedings initiated against the petitioner is illegal as it is a settled legal position that without registering the FIR, seizure and investigation could not have been conducted. He has relied on a decision of a Co-ordinate Bench of this Court in Crl.P.No.5802/2016 decided on 22.9.2016.

8. A perusal of the material on record goes to show that the Inspector of Excise proceeded to the spot i.e., Nagajyothi Wine store belonging to the petitioner/accused No.2, on receiving a credible information that liquor was being sold in spite of the restrictions imposed in view of COVID-19 pandemic. He seized the liquor bottles under a mahazar and arrested accused No.1. It is not in dispute that, only after conducting the seizure mahazar and arrest, the FIR was registered on the next day i.e., 25.3.2020.

9. Section 21 of the Karnataka Excise Act contemplates that the