- 1 - NC: 2025:KHC:16327 CRL.P No. 4133 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4133 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. G RAGHU ACHAR S/O GOVINDACHAR AGED ABOUT 46 YEARS, RESIDING AT NO. 17/1, SRJAPUR MAIN ROAD, BELLANDURU GATE, AMBALIPUR, BENGALURU-560 034. …PETITIONER (BY SRI. SHASHWATH S PRAKASH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY EXCISE PS CHITRADURGA CHITRADURGA DISTRICT, (REP. BY THE SPP, HIGH COURT PREMISES, BENGALURU CITY -560 001). 2. MADHUSUDANA P N S/O NOT KNOWN, AGED ABOUT NOT KNOWN (MAJOR) FST, VST, SST, VVT NODEL OFFICER, SENIOR ASSISTANT PROFESSOR, GOVERNMENT ARTS COLLEGE, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16327 CRL.P No. 4133 of 2025 PETITIONER HEREIN IN C.C.NO.2438/2024 OF RESPONDENT NO.1 REGISTERED FOR OFFENCES P/U/S 32(1) AND 34 OF KARNATAKA EXCISE ACT, 1965 AND RULE 10B OF KARNATAKA EXCISE LICENSES (GENERAL CONDITIONS) RULES, 1967, WHICH IS PENDING ON THE FILE OF PRL. CIVIL AND JMFC, CHITRADURGA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner (accused No.3), who is facing trial for the offences punishable under Sections 32(1) and 34 of the Karnataka Excise Act, 1965 (for short, `the Act, 1965’) and Rule 10B of the Karnataka Excise (Licenses) (General Conditions) Rules, 1967, is before this Court seeking relief. 2. The prosecution alleges that during the Karnataka Assembly Election, based on credible information, a raid was conducted at the house of accused No.3, who was a candidate in the election. Upon instructions, it was found that seven liters of whisky, nine liters of liquor, and 239.200 liters of beer were illegally stacked in the house of accused No.3. - 3 - NC: 2025:KHC:16327 CRL.P No. 4133 of 2025 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1 - State. 4. The petitioner has placed on record the spot mahazar, and upon perusal of the spot mahazar, it is indicated that the complainant did not obtain a warrant from the jurisdictional Magistrate before conducting the seizure and search, as required under Section 53 of the Act, 1965. The complainant has also failed to record the reasons for not obtaining the search and seizure warrant, in cases where the offender may escape or conceal evidence of the offence, as stated under Section 54 of the Act, 1965. Therefore, the search and seizure were conducted without following the mandatory requirements of Sections 53 and 54 of the Act, 1965. As a result, the search and seizure conducted for taking cognizance of the aforesaid offence stood vitiated for non-compliance with the mandatory provisions under the Act, 1965. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in CC No.2438/2024, pending before the - 4 - NC: 2025:KHC:16327 CRL.P No. 4133 of 2025 learned Principal Civil and JMFC, Chitradurga, insofar as they relate to the petitioner (accused No.3), are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 4 Sl No.: 7