- 1 - HC-KAR NC: 2025:KHC:35819 CRL.P No. 11653 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.11653 OF 2025 BETWEEN: 1. MAHESH S.RAO AGED ABOUT 42 YEARS R/AT NO.22, 4TH CROSS KEB OFFICE ROAD MUNINANJAPPA GARDEN KAVALBYRASANDRA BENGALURU-560 032. …PETITIONER (BY SMT. ABHAY R.S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PUBLIC PROSECUTOR BY EXCISE DEPARTMENT, ASHOK NAGAR RANGE (BUD-4) REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING AMBEDKAR BEEDI, BENGALURU. …RESPONDENT (BY SRI. RAHUL RAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.10475/2024 ON THE 29TH ADDL. CJM, MAYO HALL, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 9, 10, 11, 32, 43, 43A OF THE KARNATAKA EXCISE ACT, AGAINST THE PETITIONER. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35819 CRL.P No. 11653 of 2025 THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking quashing of the proceedings in C.C.No.10475/2024 for the offence punishable under Sections 8, 10, 11, 32, 43, 43A of the Karnataka Excise Act. 2. A complaint has been lodged against the petitioner on the allegation that, during an inspection conducted by the concerned authority, it was discovered that the petitioner was transporting 27 black boxes bearing the label “Butterfly Brew Bite and Fly.” Upon further verification, the officials found that the said boxes contained wine bottles. Based on this discovery, a crime was registered against the petitioner, and, after completion of the investigation, a charge-sheet came to be filed before the jurisdictional Court. 3. The petitioner has, therefore, approached this Court by way of the present petition seeking quashing of the criminal proceedings. The principal contention advanced on behalf of the - 3 - HC-KAR NC: 2025:KHC:35819 CRL.P No. 11653 of 2025 petitioner is that, even if the entire material placed in the charge-sheet is accepted at its face value and in its entirety, the same does not disclose the commission of any offence against the petitioner so as to warrant his prosecution. 4. Learned counsel appearing for the petitioner has invited the attention of this Court to Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967. Placing reliance on the said provision, it is urged that, as per the charge-sheet itself, the petitioner was found in possession of only nine bottles of wine measuring 5.049 liters in aggregate. Reference is also made to Rule 29 of the said Rules, which permits an individual citizen to possess and transport up to nine liters of wine for personal use without any licence or permit. It is thus submitted that the quantity of wine seized from the petitioner is well within the permissible limit prescribed under the Rules. Consequently, even if the allegations contained in the charge- sheet are taken as proved, they do not constitute any offence punishable under the provisions of the Karnataka Excise Act, 1965. The continuation of criminal proceedings in such - 4 - HC-KAR NC: 2025:KHC:35819 CRL.P No. 11653 of 2025 circumstances, despite the statutory provision permitting a citizen to carry up to nine liters of wine, would amount to a clear abuse of the process of law and an unwarranted harassment of the petitioner. 5. Having given anxious consideration to the rival contentions, this Court finds substance in the submission advanced by the learned counsel for the petitioner. 6. In view of the foregoing discussion and having regard to the fact that the seized quantity of wine is within the permissible limit prescribed under the Rules, this Court is of the considered opinion that no case is made out against the petitioner and that the proceedings initiated against him are wholly unsustainable in law. ORDER (i) The Criminal Petition stands allowed. (ii) Consequently, the proceedings in C.C.No.10475/2024 on the file of the jurisdictional Magistrate, instituted for the offences punishable under Sections 8, 10, 11, - 5 - HC-KAR NC: 2025:KHC:35819 CRL.P No. 11653 of 2025 32, 43 and 43A of the Karnataka Excise Act, 1965, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ST List No.: 1 Sl No.: 56