- 1 - NC: 2025:KHC-D:6758 CRL.A No. 100251 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100251 OF 2025 BETWEEN: DEVARAJ K. HADALGI, AGE: 38 YEARS, OCC: BUSINESS, MANAGER NANDI STEELS, R/O: TADPATRI GALLI, MOORSAVIRMATH ROAD, HUBBALLI, DHARWAD DISTRICT. …APPELLANT (BY SRI. KUSHAL V. BOLMAL, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY PUBLIC PROSECUTOR, KARWAR, DEPUTY INSPECTOR OF EXCISE – 2. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 OF CR.P.C. 1973 (SEC. 419 OF BNSS, 2023) SEEKING TO SET ASIDE THE ORDER OR MODIFY THE ORDER OF DEPUTY COMMISSIONER OF EXCISE, UK DISTRICT KARWAR BY ITS ORDER NO. EXE/CRM/DTCR/124/2021-22 DATED 29.07.2024 CONFIRMED BY THE ORDER IN CRL.R.P. NO. 118/2024 DATED 30.11.2024 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE UTTARA KANNADA DIST KARWAR IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6758 CRL.A No. 100251 of 2025 ORAL JUDGMENT This appeal is filed under Section 378 of Cr.P.C./Section 419 of BNSS. The order challenged in this appeal is order passed by the Deputy Commissioner of Excise, Uttara Kannada District, Karwar, dated 29.07.2024 confirmed by the Principal District and Sessions Judge, Uttara Kannada, Karwar, in Crl.R.P.118/2024. Section 378 of Cr.P.C./Section 402 of BNSS provides for filing of an appeal against acquittal. The order challenged has been passed by the Deputy Commissioner of Excise, Karwar, whereunder the vehicle has been ordered to be released to one Devaraj K. Hadalgi, with conditions. The said order does not amount to acquittal. Therefore, the present appeal filed under Section 378 of Cr.P.C./419 of BNSS is not maintainable. Hence, the appeal is dismissed as not maintainable. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VMB CT-ASC, List No.: 1 Sl No.: 8