The mandatory procedures for search and seizure under the Karnataka Excise Act must be strictly followed; failure to do so invalidates the subsequent proceedings.

ORAL ORDER

In this petition, the petitioner seeks following relief:

"Quash the entire proceedings in Crime No.20/2023-24/2004SIE2/200404 for the offences punishable under sections 11, 14, 15, 32(1) and 38(A) of the Karnataka Excise Act , 1965 on the file of the Excise Police Station, pending before 6^th ACJ and JMFC., Hassan in the ends of law and justice."

2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondent and perused the material on record.

3. A perusal of the material on record will indicate that, on 17^th December, 2023, the respondent No.2-complainant intercepted the vehicle of the petitioner bearing registration No.KA-13-P-9726 (Maruti Suzuki Baleno Delta), which was proceeding towards Madihalli Road, Near Purudhamma Temple, Salligamme Hobli, Hassan Taluk. At the time of interception, the petitioner having been found with liquor bottles, allegedly in excess of the prescribed quantity, the respondent filed a complaint which was registered as F.I.R. in Crime No.20/2023-34/2004SIE2/200404 for the offences punishable under Sections 11 , 14, 15, 32(1) and 38(A) of the Karnataka Excise Act , 1965. Hence, the petitioner is before this Court under Section 482 of the Criminal Procedure Code.

4. Learned counsel for the petitioner contended that, prior to interception and conducting seizure operation, it was incumbent upon the respondent to follow the prescribed procedure as contemplated under Sections 53 and 54 of the Karnataka Excise Act , 1965 and also obtain a Police Report, failing which, the impugned proceedings deserves to be quashed.

5. In support of his submission, learned counsel for the petitioner placed reliance on the judgment of this Court in the case of G. PUTTARAJU vs. STATE OF KARNATAKA , THROUGH STATION HOUSE OFFICER, EXCISE OF ADUGODI RANGE AND ANOTHER made in Writ Petition No.20816 of 2023 decided on 31^st January, 2024 and in the case ofSHIVA KUMAR vs. THE STATE OF KARNATAKA, BY EXCISE INSPECTOR, HOSKOTE SUB- DIVISION AND ANOTHER made in Criminal Petition No.5879 of2024 decided on 21^st January, 2025.

6. Per contra, learned Additional State Public Prosecutor for the respondent submits that there is no merit in the petition and same is liable be dismissed.

7. Under identical circumstances in the case of G.PUTTARAJU (supra), the Co-ordinate Bench of this Court held as under:

"O R D E R

This writ petition is filed by the petitioner-accused under Articles 226 and 227 of the Constitution of India, 1950 read with Section 482 of Cr.P.C. for quashing the criminal proceedings in FIR No.65/2022-2023/4206IE/420606 registered by the respondent No.2-The Karnataka Excise Department, Division-41 (Adugodi), Bengaluru for the offences punishable under Sections 11 , 14, 14(2), 32, 38(A) and 43 of the Karnataka Excise Act , 1965 ( for short 'K.E. Act').

2. Heard the arguments of learned Senior counsel for the petitioner and learned High Court Government Pleader for the respondents.

3. The case of the prosecution is that on the complaint of respondent No.2, a suo motu case has been registered against the petitioner and it is alleged that at Hosur Main Road near Christian Cemetry, a temporary check post was established on the eve of the upcoming State election. On 14.04.2023, a vehicle was intercepted by the temporary check post, they found there were 68 liquor bottles worth of Rs.16,89,040/- kept in the Toyota Innova Crysta Car belongs to the wife of this petitioner where the petitioner said to be a driver. An intimation was given to the Excise Department. Immediately, the Excise