- 1 - NC: 2025:KHC:11128 CRL.P No. 10217 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10217 OF 2024 BETWEEN: 1. SRI. HARISHA R J S/O JAYAMALLEGOWDA AGED ABOUT 38 YEARS R/AT RAJASIRIUR BELUR HASSAN-573121. …PETITIONER (BY SRI. YADUNANDAN N., ADVOCATE) AND: 1. THE STATE BY KARNATAKA EXCISE DEPARTMENT, HASSAN SUB-DIVISION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENT (BY SRI. M.R. PATIL, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR CRIME NO.31/2022-23 REGISTERED BY EXCISE POLICE STATION, BELUR, AND ENTIRE PROCEEDINGS IN C.C.NO.732/2023 ON THE FILE OF CIVIL JUDGE AND J.M.F.C., BELUR FOR THE OFFENCES P/U/S 14, 15, 32(1), 38(A) OF THE KARNATAKA EXCISE ACT 1965, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11128 CRL.P No. 10217 of 2024 ORAL ORDER The petitioner, Accused No. 3, has been charge-sheeted for offences under Sections 14, 15, 32(1), and 38(A) of the Karnataka Excise Act, 1965, and seeks relief from this Court. 2. The prosecution alleges that on March 8, 2023, credible information was received about unauthorized liquor sales at a shop. Acting on this, the complainant and his staff conducted a raid, discovering Accused No. 1 selling liquor without a valid license or permit. Accused No. 2 is identified as the shop’s owner, while Accused No. 3 holds a CL-7 license and allegedly supplied the seized liquor to Accused No. 1. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent State. 4. The liquor seized from Accused No. 1 was sent to the Karnataka State Breweries Corporation Limited, which opined that the liquor had been distributed by the Corporation to Accused No. 3. However, merely establishing that the seized liquor originated from Accused No. 3 does not substantiate claims that Accused No. 3 violated the terms and conditions of the license or provisions of the Karnataka Excise Act and its Rules. 5. In the absence of substantive evidence indicating that the petitioner violated license conditions or sold liquor exceeding the quantity prescribed under Rule 21 of the Excise - 3 - NC: 2025:KHC:11128 CRL.P No. 10217 of 2024 Rules, continuing criminal proceedings would constitute an abuse of the legal process. 6. Accordingly, the petition is allowed. 7. The impugned proceedings in C.C.No.732/2023 on the file of the learned Civil Judge and JMFC, Belur, insofar as they relate to the petitioner, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 8