- 1 - NC: 2025:KHC-D:3899 CRL.P No. 101021 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101021 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: FIROZ S/O. SHANU DADAMAHBOOBSAB NAVALGUND, AGE. 28 YEARS, OCC. HOTEL OWNER, R/AT. HORAKERI ONI, ANNIGERI, TQ. ANNIGERI, DIST. DHARWAD-580028. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, BY EXCISE POLICE STATION, NAVALGUND RANGE, DIST. DHARWAD, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH FIR AND COMPLAINANT AGAINST THE ACCUSED NO.1/PETITIONER IN EXCISE P.S. NAVALAGUND RANGE, CRIME NO.6/2024-25/ 1708SIE1/170808 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT NAVALGUND FOR THE OFFENCE PUNISHABLE U/S 14, 15, 32, 32(1)(i), 38(A) OF KARNATAKA EXCISE ACT, 1965. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:22 +0530 - 2 - NC: 2025:KHC-D:3899 CRL.P No. 101021 of 2025 ORAL ORDER Sri. T. Hanumareddy, learned Additional Government Advocate accepts notice for the respondent-State. 2. The petitioner, who is facing charges for the offences punishable under Sections 14, 15, 32, 32(1)(i), 38(A) of the Karnataka Excise Act, 1965, is before this Court seeking to quash the complaint and FIR in Crime No.6/2024-25/1708SIE1/170808 registered by the Excise Police, Navalgund. 3. The FIR is registered against the petitioner/accused No.1 alleging that the petitioner, with an intention to sell the liquor to the public at large, had stacked 1.71 litres of whisky in 19 tetra packs of 90 ml. each. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 5. Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967 reads as under: “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. 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 - NC: 2025:KHC-D:3899 CRL.P No. 101021 of 2025 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 6. The aforesaid Rules permits a person to possess 2.3 litres of whisky. In the instant case, the petitioner was found in possession of 1.71 litres of whisky which is well within the permissible limit as stated in Rule 21 of the Rules. Therefore, the petitioner has not contravened the provisions of the Karnataka Excise Act or the Rules framed thereunder, and in such circumstances, continuation of investigation against the petitioner/accused No.1 would be an abuse of process of law. Hence, I pass the following: ORDER i) Accordingly, the petition is allowed. - 4 - NC: 2025:KHC-D:3899 CRL.P No. 101021 of 2025 ii) The FIR in Crime No.6/2024-25/1708SIE1/170808 registered by the Excise Police, Navalgund Range, Dharwad Sub-Division, Dharwad, insofar as it relates to petitioner/accused No.1, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS List No.: 1 Sl No.: 39