- 1 - NC: 2025:KHC:6558 CRL.P No. 4087 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4087 OF 2024 BETWEEN: 1. SRI. VISHAL SHARMA, S/O SRI. AMRISH SHARMA, AGED ABOUT 23 YEARS, O/A NO.24, UNIT NO.204, COMET BLOCK, 2ND FLOOR, UB CITY, VITTAL MALYA ROAD, BENGALURU - 560 001. 2. M/S. AVANT GARDE HOSPITALITY PVT. LTD., INCORPORATED UNDER THE COMPANIES ACT, 1956, O/A NO. 24, UNIT NO.204, 2ND FLOOR, 2ND FLOOR, UB CITY, VITTAL MALYA ROAD, BENGALURU - 560 001. REP. BY ITS MANAGING DIRECTOR, SRI. ASHWIN KUMAR G P. …PETITIONERS (BY SRI. BINU M., ADVOCATE) AND: STATE OF KARNATAKA, SAMPANGI RAM NAGARA P.S, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI.THEJESH P., HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6558 CRL.P No. 4087 of 2024 THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE FIR AGAINST THE PETITIONER NO.1 AND 2 IN FIR NO.35/2023-24/76IE2/763906 REGISTERED BY THE SAMPANGIRAMA NAGAR EXCISE BUD 04 WHICH IS HEREWITH MARKED AS ANNEXURE A FOR THE OFFENCE P/U/S 15, 34, 36, 38(a) AND 43 OF THE KARNATAKA EXCISE AT AND RULE 18 OF THE KARNATAKA EXCISE (GENERAL CONDITIONS OF LICENSE) RULES WHICH IS PENDING ON THE FILE OF THE IX ADDL.C.M.M COURT AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioners seek for the following relief: "To allow this Petition and quash the FIR against the petitioner No.1 and 2 in FIR no.35/2023-24/76ie2/763906 registered by the Sampangirama Nagar Excise BUD 04 which is herewith marked as ANNEXURE - A, for the offence punishable under Section 15, 34, 36, 38(A) and 43 of The Karnataka Excise Act and Rule 18 of The Karnataka Excise (General Conditions of License) Rules, 1967 which is pending on the file of the IX Addl..C.M.M Court, at Bengaluru and pass such other order/s as deemed fit, in view of the facts and circumstances of the case, in the interest of justice. 2. Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent. 3. A perusal of the material on record would indicate that on 05.03.2024, the respondent conducted a raid of the petitioner's Bar - 3 - NC: 2025:KHC:6558 CRL.P No. 4087 of 2024 & Restaurant under the name and style 'Badmash Bar & Restaurant', pursuant to which, one bottle of 750 ML 100 Pipers Whiskey sealed bottle labeled as 'for sale to defense personnel only', was seized, pursuant to which, FIR No.35/2023- 24/76IE2/763906 was registered for the offences punishable under Sections 15, 34, 36, 38(A) and 43 of the Karnataka Excise Act, 1965 and Rule 18 of the Karnataka Excise (General Conditions of License) Rules, 1967. It was alleged that the petitioners were not entitled to store or sell the aforesaid liquor meant for sale only to defence personnel and consequently, the petitioners were liable for the aforesaid offences. 4. Learned counsel for the petitioners invited my attention to the judgment of this Court in the case of SHIVA KUMAR VS. THE STATE OF KARNATAKA & ANR., passed in Crl.P.No.5879/2024 dated 21.01.2025, in order to contend that in the absence of reasons to believe to be recorded in writing as contemplated under Section 54 of the Karnataka Excise Act, 1965, which would dispense with the requirement of obtaining a warrant prior to conducting a raid/search it was impermissible for the respondent to conduct a raid/search - 4 - NC: 2025:KHC:6558 CRL.P No. 4087 of 2024 and consequently all further proceedings in pursuance of the same, including the impugned FIR, deserves to be quashed. 5. Per contra, learned High Court Government Pleader submits that the petitioners were guilty of the alleged offences and as such, there is no merit in the petition and is liable to be dismissed. 6. Perusal of the material on record in the instant case will indicate that prior to the search and seizure conducted on 05.03.2024, the respondent did not choose to record any reasons in writing to believe as to why, in the facts and circumstances of the case, it is necessary to dispense with obtaining of search warrant prior to the impugned search. In identical circumstances, in the case of SHIVA KUMAR (SUPRA), this Court held as under: "6. A perusal of the material on record will indicate that the learned counsel for the petitioner is correct in his submission that before conducting the impugned search and seizure, whereby, the alleged liquor bottles from the petitioner were seized, the respondents had not obtained any search warrant; so also, necessary reasons to believe had not been recorded in writing so as to dispense with the obtaining of search warrant as mandatorily required under Section 54 of the Karnataka Excise Act. 7. xxx 8. As is clear from the aforesaid judgments of this Court, compliance of provisions contained under Section 54 of the Karnataka Excise Act is mandatory and non-compliance thereof and non-obtaining of a search warrant prior to the search and seizure would vitiate the impugned F.I.R., charge sheet and all further proceedings pursuant thereto, deserves to be quashed." - 5 - NC: 2025:KHC:6558 CRL.P No. 4087 of 2024 7. In view of the above, in the absence of any reasons to believe to be recorded in writing as to why obtaining of a search warrant was not required and the same could be dispensed with as mandatory requirement under Section 54 of the Karnataka Excise Act, 1965, I am of the considered opinion that the impugned proceedings as against the petitioners, deserves to be quashed. 8. In the result, I pass the following: ORDER The petition is hereby allowed. The impugned proceedings in FIR No.35/2023- 24/76IE2/763906 dated 06.03.2024, registered by the Sampangiramana Nagar Excise BUD 04, against the petitioners for the offence punishable under Sections 15, 34, 36, 38(A) and 43 of the Karnataka Excise Act and Rule 18 of the Karnataka Excise (General Conditions of License) Rules, 1967, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RD