- 1 - NC: 2025:KHC:10669 WP No. 7087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7087 OF 2025 (GM-POLICE) BETWEEN: HERALD PRASHANTH VEIGAS S/O. LATE ANDREW VEIGAS, AGED ABOUT 37 YEARS ICON'S SLV PARADISE THYAGARAJANAGAR BASAVANAGUDI BANGALORE -560028 …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA.,ADVOCATE) AND: THE STATE OF KARNATAKA BASAVANAGUDI TRAFFIC POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560001 …RESPONDENT (BY SRI. RAHUL CARIAPPA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE IMPUGNED NOTICE DTD. 20.02.2025 BEARING NO. S/7/1305/97 ISSUED BY THE R-1 WHICH IS AT ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10669 WP No. 7087 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner this before this Court seeking the following prayer: "a) Quash the impugned notice dated 20/02/2025 bearing No.S/7/1305/97 issued by the 1st Respondent which is at Annexure-A. b) Order appropriate action against the erring officers for their misconduct, abuse of power, and harassment of this Petitioner. c) Grant any other relief that this Hon'ble Court deems just and proper in the interest of justice." 2. Heard the learned counsel Sri. Dilraj Jude Rohit Sequeira, appearing for the petitioner and the learned Additional Government Advocate Sri.Rahul Cariappa, appering for the respondent. 3. The petitioner on a particular day gets caught for drunk and drive. According to the learned counsel for the petitioner, the content of alcohol is on three tests, initially was 7 mg, in a second test, it was 23 mg and in the third test, it was 40 mg. Therefore, there is a divergence. According to the - 3 - NC: 2025:KHC:10669 WP No. 7087 of 2025 learned counsel, it was only 12 mg, which is not found in any of these test results. 4. The learned AGA would submit that the first test was passive blowing and alcohol was found and therefore, a straw was given to blow it properly and the petitioner damaged the straw and later a different straw was given and 40 mg was found. Be those submissions as they are. 5. The issue is with regard to confiscation of the vehicle and its release. 6. The learned counsel for the petitioner submits that the concerned Court is not taking up the issue despite filing an application a month ago. 7. In that light, I deem it appropriate to direct the concerned Court to consider the application seeking release of the vehicle, without brooking any further delay, within one week from the date of receipt of the copy of this order. All - 4 - NC: 2025:KHC:10669 WP No. 7087 of 2025 other contentions remain open of both the petitioner and the State, who were before the concerned Court. 8. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 41