THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.17/2025-26/2004IE/200404 REGISTERED FOR THE OFFENCE P/U/S 11,14,15,32(1),38(A) OF KARNATAKA EXCISE ACT 1965 AGAINST THE PETITIONER BY THE RESPONDENT EXCISE POLICE PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND J.M.F.C COURT AT HASSAN., AND ETC.

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

CORAM:

HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard the learned counsel Sri. Ravi M.M., appearing for the petitioner, Sri. Channappa Erappa, learned HCGP appearing for the respondent and have perused the material on record.

2. The petitioner is before this Court, seeking the following prayer:

"a) Quash the FIR in Crime No.17/2025-26/2004IE/200404 registered for the offences punishable under sections 11, 14, 15, 32(1), 38(A) of Karnataka Excise Act, 1965 against the petitioner by the Respondent Excise Police, pending on the file of the Addl. Civil Judge and JMFC Court at Hassan.

b) Order directing the respondent police to Release the seized vehicle Mini Bus Reg.No.KA-21-A-8478 to the petitioner forthwith.

c) PASS any other Order as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice."

3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.15249/2025 disposed on 22.01.2026, wherein it has held as follows:

"Petitioners are before this Court calling in question the registration of a crime in Crime No.17/2025- 26/2004IE/200404 registered for offences punishable under Sections 11, 14, 15, 32(1), 38(A) of Karnataka Excise Act, 1965.

2. Heard Sri.Pratheep K.C., learned counsel appearing for the petitioners, Sri.Vinay Mahadevaiah, learned HCGP appearing for the respondent and have perused the material on record.

3. Learned counsel for the petitioners submits that the issue revolves around the seizure of three liters of orange flavour and lemon flavour of vodka in the vehicle which was printed for sale in Goa State only and the vehicle being intercepted and caught, has led these petitioners into the web of crime. Learned counsel submits that in identical circumstance, the Coordinate Bench in Crl.P.No.4419/2025, disposed on 08.09.2025, has held as follows:

"The petition is filed seeking quashing of the proceedings pending in CC.No.1300/2024. Respondent No.2 registered a suo-moto complaint against the petitioner which led to the registration of crime in Cr.No.100/2023-24 for the offence punishable under Sections 11, 14, 32(1), 38(A) and 43(A) of the Karnataka Excise Act, 1965 (for short 'K.E. Act') and Rule 3 of the Karnataka Excise (Liqour Transit) Rules, 1985.

2. The petitioner, who is alleged to have been found in possession of one bottle containing 2 liters of Imperial Blue Blended Grain Whisky, seeks quashing of the proceedings on the ground that, even if the charge sheet materials are accepted in their entirety, no offence is made out under Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967 (for short, “Rules-1967”). The petitioner contends that the quantity possessed falls within the permissible limit prescribed under Rule 21 and, therefore, no case is made out against him. In support of his contention, the petitioner has also placed the relevant Rules on record. Rule 21 of the Rules-1967 expressly permits possession of brandy, whisky, gin, rum, and milk punch, excluding foreign liquor, up to 4.6 liters.

3. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State, and have perused the records carefully.

4. On a careful perusal of the charge sheet, it is evident that the petitioner has been arraigned as an accused solely on the