- 1 - NC: 2025:KHC-D:3577 CRL.P No. 100921 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100921 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MANJUNATH S/O. GANGADHAR GANDUDI AGE. 39 YEARS, OCC. BUSINESSMEN, R/AT. NOOLVI CIRCLE, NEAR CHANNAMMAMATH, TQ. HUBBALLI, DIST. DHARWAD-580020. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA OLD HUBBALLI POLICE STATION, HUBLI, DIST. DHARWAD, REP BY PUBLIC PROSECUTOR. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE COGNIZANCE DATE 13.08.2024 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED/PETITIONER IN OLD HUBBALLI PS CRIME NO. 56/2024 NOW REGISTERED AS IN CC NO. 8572/2024 PENDING ON THE FILE OF 4TH ADDL. CIVIL JUDGE AND JMFC COURT, AT HUBBALLI FOR THE OFFENCE P/U/SEC. 32 AND 34 OF KARNATAKA EXCISE ACT 1965. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:23 +0530 - 2 - NC: 2025:KHC-D:3577 CRL.P No. 100921 of 2025 ORAL ORDER 1. The learned Additional Government Advocate accepts notice for respondent No.1. 2. The petitioner/accused No.1, who is facing trial for offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965, is before this Court. 3. The prosecution alleges that on 16.03.2024, the complainant received credible information that some unknown persons were selling liquor near Karwar Road under the bridge. 4. The complainant, along with witnesses and his staff, went to the spot, and the accused was apprehended. Upon search, it is alleged that the accused was carrying 17.64 liters of whisky and 18.85 liters of beer without a permit. 5. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent–State. 6. The liquor seized from the petitioner was sent to the Forensic Science Laboratory, and the laboratory has opined that 900 ml of whisky and 2.6 liters of beer were received for analysis. 7. The arguments advanced by both sides have been considered. 7. Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967 reads as under: - 3 - NC: 2025:KHC-D:3577 CRL.P No. 100921 of 2025 “21. Case where permit or licence is not required.- No permit or licence, under these rules, shall be required for the possession or transport of the following quantities of liquors. 8. In the present case, the petitioner is legally entitled to possess 2.3 liters of whisky and 18.2 liters of beer. Therefore, he is not required to obtain a permit to transport the liquor in question. Consequently, the seizure of the liquor was within the limits prescribed by Rule 21 of the Rules, 1967, and the petitioner has not contravened those provisions. In view of the foregoing, the continuation of criminal proceedings would amount to an abuse of the process of law. Liquor Quantity 1. Toddy, in such areas of the State where the sale of toddy to public is allowed under sub- rule (4) of Rule 3 of the Karnataka Excise (Tapping of Trees) Rules, 1991 2.5 Litres 2. Xxxxx 3. Xxxxx 4. Country Beer 18.2 litres 5. Brandy, Whisky, Gin, Rum, Milk-Punch and such other liquors manufactured in Karnataka State or manufactured in other places in India and imported to Karnataka State, excluding Foreign liquors (imported) 2.3 litres 6. Foreign liquors (imported) 9.1 litres 7. Denatured Spirit 750 mililitres 8. Xxxx 9. Wines (including mass wine and sacramental wine) 9.0 litres 10. Fortified Wine 4.5 litres - 4 - NC: 2025:KHC-D:3577 CRL.P No. 100921 of 2025 ORDER i. The petition is allowed. ii. The impugned proceeding C.C.No.8572/2024 on the file of Hon’ble IV Addl. Civil Judge and JMFC Court, Hubballi, is hereby quashed. Pending I.A’s does not survive for consideration and are accordingly disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 28