Heard leaned counsel, Sri Manoj B., for the petitioner

and

learned

High

Court

Government

Pleader

for

respondent-State.

2.

This petition is filed under Section 482 of

Cr.P.C. with the following prayer.

<To quash the impugned order dated

26.03.2022 passed by the Senior Civil Judge and

CJM, Koppal at Koppal in C.C.No.244/2022 for an

offence punishable under Section 269 and 270 of

IPC, 32, 34 of Karnataka Excise Act, 1965, and

u/s 3(a), 5(1) of Karnataka Epidemic Diseases

Act, 2020, in Crime No.06/2022 registered by the

Koppal Town Police Station for an offence

punishable u/s 269 and 270 of IPC, 32, 34 of

Karnataka Excise Act, 1965, and u/s 3(a), 5(1) of

Karnataka Epidemic Diseases Act, 2020 by

allowing the criminal petition in respect of

accused No.2.=

- 3 -

3.

Brief facts of the case are as under:

Petitioner has been charge sheeted for the offences

punishable under Sections 269 and 270 IPC and Sections

32 and 34 of the Karnataka Excise Act and summons have

been issued and the same is under challenge. The gist of

the

complaint

averments

reveal

that

when

the

complainant was on duty, he received credible information

stating that in Grand Palace Lodge in Koppal, some person

were indulged in sale of liquor. On credible information,

head of the raid party along with panch witnesses went to

the spot and were on watch and on confirmation, raided

and captured the person who was indulged in selling of

the liquor sachets illegally and he is arraigned as accused

No.1 in the charge sheet. Further, the police investigated

and based on the information collected by the police,

accused No.2 has also been arraigned as additional

accused in the case and he has also been charge sheeted.

The action of the police is challenged in the present

petition.

- 4 -

4.

Reiterating the grounds urged in the petition,

Sri

Manoj

B.,

learned

counsel

for

the

petitioner

vehemently contended that in the absence of any

incriminatory materials found against accused No.2, he

has been falsely implicated by the police in order to harass

him and therefore, sought for allowing the petition.

5.

Per contra, learned High Court Government

Pleader submits that, in the charge sheet materials

necessary

information

has

been

gathered

by

the

investigating agency to establish nexus between the

petitioner and the incident and therefore, sought for

dismissal of the petition.

6.

Perused the material on record meticulously, in

the light of rival contentions of the parties.

7.

Admittedly on the day of the raid, the police

were only able to catch accused No.1, where he was found

selling the liquor sachets kept in box. Subsequent thereto,

the police investigated the matter and filed charge sheet

- 5 -

against the present petitioner also. The charge sheet

materials do not indicate that, the liquor sachets seized by

the head of the raid party on the date of raid were in fact

supplied by accused No.2 from the Devi Wine Shop,

Kavalur. No other material is forthcoming so as to proceed

against the petitioner.

8.

The investigation agency has not collected any

material to establish that the sold liquor packets are

actually purchased from petitioner9s shop or belongs to

petitioner. Under such circumstances, in the absence of

nexus, criminal action is impermissible.

9.

Learned counsel for the petitioner also placed

reliance on the judgment of the Co-ordinate Bench of this

Court dated 02.07.2020 passed in Crl.P.No.100827/2019

and connected matters. In the said case, Co-ordinate

Bench of this Court has referred to other judgments of

Co-ordinate Bench of this Court in paragraph Nos.10, 11

and 13 of its judgment. For ready reference paragraph

Nos.10, 11 and 13 are extracted hereunder.

- 6 -

<10. In a decision reported in (2013) 1

KCCR 334 case of K.Ramachandra Reddy Vs.

State of Karnataka by the Station House

Officer & Another, it is observed as under:

"23. The position in law will have to be

referred to at this juncture. This Court, in the

case M/s. Vijaya Bank Vs. State by the Labour

Enforcement Off