- 1 - NC: 2025:KHC-D:541 CRL.P No. 100076 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100076 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VINAYAK S/O. MOTILALLA IRAKAL AGE. 35 YEARS, OCC. REAL ESTATE DEALER, R/AT. KOTHARI PARK, H.NO.38, PEARL LAYOUT, KESHWAPUR, TQ. HUBBALLI, DIST. DHARWAD-580 020. 2. SAINATH S/O. SADANAND BAKALE AGE. 23 YEARS, OCC. BUSINESS, R/AT. NEAR, SHYANDILA ASHRAM, MEHARWADE COMPLEX, KESHWAPUR, TQ. HUBBALLI, DIST. DHARWAD-580 020. …PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA KESHWAPUR POLICE STATION, HUBLI, DIST. DHARWAD, REP. BY PUBLIC PROSECUTOR. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE COGNIZANCE DATED 15.12.2023 AGAINST THE ACCUSED NO.1 AND 3/PETITIONER IN KESHWAPUR P.S. CRIME NO.088/2023 SUBSEQUENTLY AROSE IN CC NO.4641/2023 AGAINST THE PETITIONERS HEREIN PENDING ON THE FILE OF JMFC II COURT, AT. HUBBALLI FOR THE OFFENCE PUNISHABLE U/S 32 AND 34 OF KARNATAKA EXCISE ACT 1965. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:32:41 +0530 - 2 - NC: 2025:KHC-D:541 CRL.P No. 100076 of 2025 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Learned Additional Government Advocate (AGA) accepts notice on behalf of the respondent/State. 2. The petitioners/Accused Nos. 1 and 3 are being prosecuted for offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965. 3. The case of the prosecution is that the respondent/complainant, upon receiving credible information that the petitioners were unlawfully transporting liquor with the intention of selling it to the public for illegal profit, intercepted the vehicle and apprehended the petitioners. Upon conducting a search, it was discovered that the petitioners were in unauthorised possession of liquor. 4. Heard the learned counsel for the petitioners and the learned AGA for the respondent/State. 5. Admittedly, the complainant received credible information alleging that the petitioners were unlawfully in possession of liquor. As per the mandatory provisions of the Karnataka Excise Act, before conducting a search, it was incumbent upon the complainant to either obtain a search warrant under Section 53 of the Act or record reasons in writing for not obtaining a search warrant, as required under Section 54 of the - 3 - NC: 2025:KHC-D:541 CRL.P No. 100076 of 2025 Act, in cases where immediate action was deemed necessary to prevent the offender from escaping or destroying evidence. 6. In the present case, the complainant neither obtained a search warrant under Section 53 nor recorded reasons in writing for not obtaining one, as stipulated under Section 54 of the Act. This non-compliance with mandatory provisions renders the entire investigation procedurally defective. 7. Therefore, the continuation of criminal proceedings against the petitioners, in this case, would constitute an abuse of the process of law. 8. Accordingly, the petition is allowed. The impugned proceedings in CC No.4641/2023 (arising out of Keshwapur PS Crime No.88/2023) pending on the file of learned JMFC-II Court, Hubballi, insofar it relates to the petitioners/accused Nos.1 and 3 is hereby quashed. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 29