- 1 - NC: 2025:KHC:5514 CRL.P No. 1242 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1242 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI MUNIRAJU S/O LATE THIMMAPPA AGED ABOUT 56 YEARS, NEAR ANJANEYA TEMPLE CHIKKAGUBBI DODDAGUBBI POST BENGALURU-560077 …PETITIONER (BY SRI. G R SREENIVAS., ADVOCATE) AND: THE STATION HOUSE OFFICER KOTTHANUR POLICE STATION BENGALURU-560077 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL SPP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN CR.NO.161/2022 OF KOTHANUR POLICE STATION, CHARGE SHEETED AS C.C.NO.39255/2022, PENDING ON THE FILE OF M.M.T.C. - I COURT, MAYO HALL, BENGALURU FOR THE OFFENCE P/U/S 32(1) AND 15 OF KARNATAKA EXCISE ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5514 CRL.P No. 1242 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition the petitioner seeks the following relief: "Quash entire charge sheet in Crime No.161/2022 of Kothanur Police Station charge sheeted as C.C.No.39255/2022 pending on the file of the Learned Metropolitan Magistrate, Traffic Court-1, Mayohall, Bengaluru for the offences punishable under Section 32(1) and 15 of Karnataka Excise Act." 2. Heard learned counsels for the parties and perused the material on record. 3. A perusal of the material on record will indicate that a complaint was registered on 16.10.2022 stating that the petitioner had committed offences under Sections 32(1) and 15 of the Karnataka Excise Act, 1965 [for short, 'the Excise Act'] since he had three bottles of 180 ML McDowell's Whisky, 60 ML McDowell's Whisky and 180 ML Kingfisher Beer at the time of search. Subsequently, after investigation, the respondent filed a charge sheet culminating in C.C.No.39255/2022, which is pending before the learned Magistrate. 4. Learned counsel for the petitioner submits that having regard to the undisputed fact that only three bottles of 180 ML McDowell's Whisky, 60 ML McDowell's Whisky and 180 ML - 3 - NC: 2025:KHC:5514 CRL.P No. 1242 of 2024 Kingfisher Beer were seized from the premises of the petitioner, the said liquor were meant for self use/self consumption and consequently, the question of continuing the impugned proceedings as against the petitioner for an extremely small quantity of liquor seized would not arise and the same deserve to be quashed. 5. Per contra, learned Additional State Public Prosecutor submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the material on record will indicate that prior to the search conducted culminating in the seizure of the liquor bottles, the respondent had not obtained any warrant as mandatorily required under Section 54 of the Excise Act. In addition thereto, in the absence of any reasons to be recorded in writing prior to the search as held by this Court in the case of Shiva Kumar Vs. State of Karnataka and Another1, I am of the view that the impugned search culminating in the impugned proceedings deserve to be quashed. 1 Crl.P.No.5879/2024 decided on 21.01.2025 - 4 - NC: 2025:KHC:5514 CRL.P No. 1242 of 2024 7. It is also relevant to state that the extremely small quantity of liquor comprising of three bottles of 180 ML McDowell's Whisky, 60 ML McDowell's Whisky and 180 ML Kingfisher Beer, is yet another circumstance which would indicate that the same were not meant for commercial purpose and were kept in the premises for self consumption/self use. Consequently, on this ground also, in order to meet the ends of justice, continuation of the impugned proceedings deserve to be quashed. 8. Hence, the following: ORDER a. The petition is hereby allowed. b. The impugned charge sheet in Crime No.161/2022 of Kothanur Police Station charge sheeted as C.C.No.39255/2022 pending on the file of the Metropolitan Magistrate (Traffic Court-1), Mayohall, Bengaluru, is quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB