Petitioners who are arraigned as accused Nos.1 and

2 have filed this petition under Section 482 of Cr.P.C to

quash the criminal proceedings initiated against them in

C.C. NO.1565/2022 on the file of J.M.F.C-III, Belagavi, for

the offences punishable under Sections 32, 34 and 38-A of

Karnataka Excise Act (for short <K.E Act).

It is the case of the petitioner that a case in

Crime No.25/2022 was registered for the offences

punishable under Sections 32, 34 and 38-A of K.E Act,

alleging that on 03.04.2022 at 8.10 a.m., on receipt of

credible

information

when

complainant

and

others

conducted raid and searched the house of petitioner No.1,

he found large quantity of liquor worth Rs.5,42,440/- and

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on inquiry he disclosed that petitioner No.2 has stocked

the same. Thus, case was registered against petitioner

Nos.1 and 2 and ultimately charge sheet came to be filed

in C.C. No.1565/2022 which is being challenged in this

petition.

3.

Respondent has appeared through learned High

Court Government Pleader.

4.

During the course of arguments learned counsel

for petitioners submitted that petitioners are innocent and

they have been falsely implicated. The search conducted

without a valid search warrant is vitiated. No valid reasons

are forthcoming as to why the search warrant was not

secured. In the absence of complying with the mandatory

requirement the entire proceedings are vitiated and prays

to allow the petition.

5.

On

the

other

hand

learned

High

Court

Government Pleader submitted that having regard to the

emergent situation the investing officer has conducted

search and later on submitted the report to the Court and

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it is a matter for evidence to establish the said fact and

prays to reject the petition.

6.

Heard the arguments and perused the records.

7.

As evident from the complaint averments and

the documents placed on record, the search and seizure in

question are conducted in the residential premises of

petitioner No.1. According to the complainant the said

information was received at 7.15 a.m. and after securing

the witnesses and collecting material for the seizure, he

raided the said premises along with the staff at 8.15 a.m

and seized large quantity of liquor.

8.

Section 54 of the Excise Act, which deals with

power to search without warrant, provides that the said

power can be exercised only when the investigating officer

has reason to believe that there is likelihood of the

offender escaping or concealing the evidence of the

offence and after recording grounds of his belief may

proceed to conduct the raid or search without warrant. It

reads as follows:

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54. Power to search without warrant:-Whenever

the Excise Commissioner or a Deputy Commissioner

or any Police Officer not below the rank of an Officer-

in-charge of a Police Station or any Excise Officer not

below such rank as may be prescribed, has reason to

believe that an offence under Section 32, Section 33,

Section 34, Section 36 or Section 37 has been, is

being or is likely to be, committed, and that a search

warrant cannot be obtained without affording the

offender an opportunity of escape or of concealing

evidence of the offence, he may, after recording the

grounds of his belief.

a)

at any time by day or by night enter and

search any place and seize anything found therein

which he has reason to believe to be liable to

confiscation under this Act; and

b)

detain and search and, if he thinks proper,

arrest any person found in such place whom he has

reason to believe to be guilty of such offence as

aforesaid.

9.

However, in the complaint no reasons are

forthcoming as to why the complainant failed to secure a

search

warrant.

Consequently

no

justification

is

forthcoming in the complaint as to the conducting of raid

without warrant. In the absence of complying with the

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mandatory requirement, the entire proceedings are

vitiated.

10.

Thus from the above discussion, I hold that in

continuation of the proceedings would amount to abuse of

the process of