- 1 - NC: 2025:KHC-D:4063 CRL.P No. 102698 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102698 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. YUVARAJ S/O. INDRADATTA PATIL AGE. 43 YEARS, OCC. DENTIST, R/O. HOUSE NO.732/1, SHANTI NAGAR, SHAMNEWADI VILLAGE, CHIKKODI TALUKA, DISTRICT BELAGAVI-591214. 2. UDAYSINH S/O. PRAKASHRAO MORE, AGE ABOUT 38 YEARS, OCC. MEDICAL PRACTITIONER, R/O. BEDKIHAL VILLAGE, TALUKA. NIPPANI, DIST. BELAGAVI. …PETITIONERS (BY SRI. RAVIRAJ C.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH EXCISE OFFICER, CHIKKODI, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION FILED U/SEC 482 OF CR.P.C. SEEKING TO, QUASH THE FIR IN KED CR.NO.90/2022- 23/3504SIE1/350404 REGISTERED BY THE EXCISE POLICE, CHIKKODI SUB DIVISION, CHIKKODI RANGE, BELAGAVI NORTH DISTRICT FOR OFFENCES PUNISHABLE U/S 11,12,13,14,15,32(1), 38(A),43(A) OF THE KARNATAKA EXCISE ACT, 1964 AND ALL FURTHER PROCEEDINGS THEREIN SO FAR AS THE PETITIONERS ARE PENDING BEFORE PRL. CIVIL JUDGE AND JMFC NIPPANI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4063 CRL.P No. 102698 of 2023 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has been charge-sheeted for the offences punishable under Sections 11, 12, 13, 14, 15, 32(1), 38(A), 43(A) of the Karnataka Excise Act, 1964. 2. The prosecution alleges that the petitioner was found in possession of 5.75 ltrs of Beer without having a valid license. 3. Heard the learned counsel for the petitioner and learned Addl. Government Advocate for the respondent/State. 4. Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967 reads as hereunder: “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 xxxxx 4 Country Beer 18.2 litres - 3 - NC: 2025:KHC-D:4063 CRL.P No. 102698 of 2023 5 Brandy, Whisky, Gin, Rum, Milk-Punch and such other liquors manufactured in Karnataka State or manufacture in other places in India and imported to Karnataka State, excluding Foreign liquors (imported) 2.3 liters 6. Foreign liquors 9.1 litres 7. Denatured spirit 750 mili liters 8. Xxxx 9. Wines (including mass wine and sacramental wine) 9.0 litres 10. Fortified Wine 4.5 litres 5. Rule 21 permits a person to possess a maximum of 18.2 liters of Beer. In the instant case, the petitioner was found in possession of 5.750 liters, which is well within the permissible limit. Therefore, the prosecution of the petitioner for the aforesaid offences is legally impermissible. Under such circumstances, the continuation of criminal proceedings would be an abuse of process of law. 6. Accordingly, the petition is allowed. The impugned FIR in KED Crime No.90/2022-23/3504SIE1/350404 registered by Excise Police, Chikkodi Sub-division, Chikkodi Range, Belagavi North District is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 142