- 1 - HC-KAR NC: 2025:KHC-D:7794 CRL.P No. 102211 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102211 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SHIVAYOGI ADIVEPPA SAGASHETTI AGE: 55 YEARS, OCC: AGRICULTURE, R/O. YANAM PETH, RAMDURG, DIST. BELAGAVI-591123. …PETITIONER (BY SRI YASH R. NADAKARNI, ADV. FOR SRI VITTHAL S. TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD EXCISE SUB INSPECTOR, RAMDURG RANGE, RAMDURG, TQ. RAMDURG, DIST. BELAGAVI-591123. 2. THE EXCISE SUB INSPECTOR RAMDURG RANGE, RAMDURG, TQ. RAMDURG, DIST. BELAGAVI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580002. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE PROCEEDINGS IN C.C. NO.762 OF 2023 (CRIME NO.81/2023 OF RAMDURGA EXCISE P.S.) PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., RAMDURG, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 14, 15, 32(1) AND 38A OF THE KARNATAKA EXCISE ACT, 1965, IN SO FAR AS THE PETITIONER/ACCUSED. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7794 CRL.P No. 102211 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) This petition is filed by the petitioner/accused under Section 482 of the Code of Criminal Procedure, 1973, (for short, 'Cr.P.C.') for quashing the entire proceedings in Criminal Case No.762 of 2023 on the file of learned Senior Civil Judge and Judicial Magistrate First Class, Ramdurg, for the offences punishable under Sections 14, 15, 32(1) and 38A of the Karnataka Excise Act, 1965 (for short, 'Act'). 2. Brief facts of the prosecution case are as under: On 9-5-2023 at about 1:00 p.m., respondent No.2, Sri Basavaraj S. Kittur, Excise Inspector, Ramdurg, received credible information about storage of liquor bottles in the house of the petitioner without any permission. Hence, he secured his sub-staff and panchas and went to the house of the petitioner situated at Sureban Road near Basaveshwara Circle, Ramdurg, conducted raid and secured 27 tetra packets (180 ml. - 3 - HC-KAR NC: 2025:KHC-D:7794 CRL.P No. 102211 of 2025 each) of original choice Whiskey, same were stored without any license or permission. Thus, the de facto complainant seized the same under seizure panchanama and thereafter, he lodged a complaint. Based on the complaint, the Station House Officer registered a case in Crime No.81 of 2022-23/34081E/340808, which led to registration of First Information Report and investigation. 3. Heard Sri Yash Nadakarni, learned counsel for the petitioner, and Smt. Kirtilata Patil, learned High Court Government Pleader for respondent Nos.1 and 2. 4. Learned counsel for the petitioner/accused submits that the Investigating Officer has not complied with Sections 53 and 54 of the Act and he has not obtained search warrant before conducting raid on the house of the accused. Further, the offences alleged are cognizable and registration of First Information Report, after conducting investigation is impermissible as specified under Section 154 of the Cr.P.C. - 4 - HC-KAR NC: 2025:KHC-D:7794 CRL.P No. 102211 of 2025 5. On the other hand, the learned High Court Government Pleader for the respondents' submits that Section 54 of the Act empowers the Excise Officer to search the house of the accused without obtaining search warrant and the first informant has assigned reasons before conducting raid on the house of the accused. She further submits that Rule 2 of the Karnataka Excise (Entry, Inspection and Investigation Authorisation) Rules, 1967, specifies that any Authorised Officer may exercise the powers of entry and inspection under Sections 51 and 54 of the Act without any warrant. Hence, she submits that registration of First Information Report is in compliance of Section 51 of the Act and the same does not warrant any interference. 6. On perusal of the material available on record, it appears that the de facto complainant/Excise Inspector conducted raid and seized the liquor bottles from the house of the accused without registering First Information Report as required under Section 154 of Cr.P.C. - 5 - HC-KAR NC: 2025:KHC-D:7794 CRL.P No. 102211 of 2025 7. In this case, the first informant received information on 9-5-2023 at 1:00 p.m., conducted raid at 1:45 p.m., and registered First Information Report at 2:30 p.m. 8. Section 54 of the Act allows an Officer in-charge of a Police Station to search a place without a warrant if they have reason to believe an offense under the Act is being committed, and obtaining a warrant would jeopardize the investigation by allowing the offender to escape or destroy evidence. The Officer must record the reasons for their belief before conducting the search and seizure. 9. In the instant case, the Excise Officer without search warrant, or without recording proper reasons for dispensing with in obtaining search warrant, has conducted raid on the house of the accused, which is impermissible. Admittedly, the alleged offences are cognizable in nature. Therefore, registration of First Information Report is in violation of Section 54 of the Act. - 6 - HC-KAR NC: 2025:KHC-D:7794 CRL.P No. 102211 of 2025 10. A Co-ordinate Bench of this Court in the case of G. Puttaraju v. State Of Karnataka and another1 has observed that without registering First Information Report, commencement of investigation is in violation of provisions of the Code of Criminal Procedure, 1973. Therefore, the criminal proceedings are not sustainable in law. Accordingly, the Court proceeds to pass the following: O R D E R i. Criminal petition is allowed. ii. The proceedings in Criminal Case No.762 of 2023 on the file of learned Senior Civil Judge and Judicial Magistrate First Class, Ramdurg, for the offences punishable under Sections 14, 15, 32(1) and 38A of the Karnataka Excise Act, 1965, are hereby quashed. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 26 1 Writ Petition No.20816 of 2023 (GM-RES) decided on 31-1-2024