IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200593 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

NARSINGH S/O DEVENDRAPPA GUTTEDAR, AGE:27 YEARS, OCC: BUSINESS, R/O. GANDHINAGAR, YADGIRI-585 213.

…PETITIONER (BY SRI RAJESH DODDAMANI, ADVOCATE)

AND:

THE STATE OF KARNATAKA, THROUGH YADGIR TOWN POLICE STATION, YADGIR, NOW REPRESENTED BY ADDITIONAL SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 103.

Digitally signed by …RESPONDENT SREEDHARAN (BY SRI JAMADAR SHAHABUDDIN, HCGP)

BANGALORE SUSHMA LAKSHMI Location: High Court of THIS CRL.P IS FILED U/S. 528 OF BNSS, 2023 PRAYING TO, Karnataka ALLOW THIS PETITION AND QUASH THE ORDER OF TAKING COGNIZANCE DATED 07.03.2025 PASSED BY THE HON’BLE DISTRICT AND SESSIONS JUDGE YADGIR IN S.C NO. 19/2025 FOR THE OFFENCES U/SEC 32, 34 OF KARNATAKA EXCISE ACT AND U/SEC 328 OF INDIAN PENAL CODE NOW PENDING ON THE FILE OF THE HON’BLE DISTRICT AND SESSIONS JUDGE YADGIRI IN SC NO. 19/2025 (ARISING OUT CRIME NO. 23/2024 OF YADGIRI TOWN POLICE STATION) CONSEQUENTLY QUASH THE CHARGE SHEET IN SO FAR AS PETITIONER/ ACCUSED NO. 1 (AS PER CHARGE SHEET IS CONCERNED.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S RACHAIAH)

1. The petitioner/accused No.1 is before this Court seeking to quash the order of taking cognizance dated 07.03.2025 in S.C No.19/2025 on the file of District and Sessions Judge, Yadgiri arising out of Crime No.23/2024 of respondent - police for the offences under Sections 32 and 34 of the Karnataka Excise Act, 1965 and under Section 328 of the Indian Penal Code.

Factual matrix of the case:

2. The complainant had received an information stating that four to five persons were selling liquor without having a valid licence near Gandhinagar, Yadgiri. The complainant, after securing the panch witnesses and also his staff, went to the spot and conducted the raid. During the said search, he noticed four persons, namely, Narsingh, Neelakanteshwar, Chandrakala and Sujatha. All the four persons fled away from the spot. The liquor was seized in the presence of panch witnesses. In all, the complainant has seized several litres of liquor and other items which were being used to prepare the said liquor, namely, 999 Brand Saccharine 22 packets of 1 Kg each, 999 Brand Small Citric acid 17 packets of 1 Kg each, 10 Kgs of jaggery etc. All the items were sent to FSL for chemical analysis. Based on the said complaint, FIR came to be registered in Crime No.23/2024. After conducting the investigation, submitted the charge sheet.

3. Heard Sri.Rajesh Doddamani, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for respondent – State.

4. It is the submission of learned counsel for the petitioner that the first information report has been lodged on the basis of seizure mahazar report submitted by the Inspector of Police, Yadgiri Town Police Station, which is not maintainable.

5. It is further submitted that the Investigation Officer has not followed the procedure which was required to be followed in terms of Sections 53 and 54 of the Karnataka Excise Act. As such, the proceedings against the petitioner has to be quashed. Making such submissions, learned counsel for the petitioner prays to allow the petition.

6. Per contra, learned High Court Government Pleader for respondent – State justified the action of the respondent – police and he further submitted that the procedure established has been followed in accordance with law. Prima facie, the respondent – police have seized all the materials used for preparing the liquor and it is also established that accused Nos.1 to 4 were selling the liquor without having any licence. Therefore, the registration of the case and also the filing of the charge sheet is justified and there are no grounds to quash the proceedings. Hence