- 1 - HC-KAR NC: 2025:KHC:39982 WP No. 27261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 27261 OF 2025 (GM-RES) BETWEEN: M. MARIRAJAN S/O MUTHU ALAGIRI SWAMY, TPDA, AGED ABOUT 60 YEARS, R/AT F-1, G-3, LEONARD APARTMENT, NEAR COMMUNITY HALL TELEGAO, CARANZAIEM, CARANZAIEM, NORTH GOA, GOA - 403 002 NOW IN CENTRAL PRISON, TRICHY, TAMIL NADU STATE, HAVING PID NO: 625 227 THROUGH HIS DAUGHTER AND POWER OF ATTORNEY HOLDER M. DEVAYANI, D/O MARIRAJAN M., AGED ABOUT 24 YEARS, R/AT VILANOVA NIKON HOMES, R.H.NO.2, PIQUENO PILVADO, MADDAR, JHAMPUS GUEST HOUSE, BENAULIM, SALCETE, SOUTH GOA, NOW AT NO.303, A BLOCK, G.R. SIGNATURE APARTMENT, PATTANDUR AGRAHARA VILLAGE, WHITEFIELD (KADUGODI) BENGALURU - 560 067 …PETITIONER (BY SRI. G.K. BHAT, SENIOR COUNSEL FOR SMT. SUDHA D., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39982 WP No. 27261 of 2025 AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE MADANAYAKANAHALLI POLICE STATION, BENGALURU - 562 162. …RESPONDENT (BY SRI. .JAGADEESHA B.N., ADDL. SPP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATHIYA NAGARARIKA SURAKSHA SANHITHA 2023, PRAYING TO QUASH THE CRIMINAL CASE NUMBER C.C.NO. 13134/2024 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA, BENGALURU RURAL DISTRICT AS PER ANNEXURE-A, DT. 14.10.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. The registration of a criminal case and the consequent proceedings pending in C.C.No.13134/2024 on the file of learned Additional Civil Jude and JMFC, - 3 - HC-KAR NC: 2025:KHC:39982 WP No. 27261 of 2025 Nelamangala, Bengaluru Rural District, (Annexure-B) is under challenge in this writ petition. 3. Petitioner is one of the accused (accused No.1) in the charge sheet filed in connection with a case registered in Crime No.748/2024 of Madanayakanahally Police Station, Bengaluru District, for the offence punishable under Section 13, 14, 32 and 34 of the Karnataka Excise Act, 1965 and Section 286 of the BNS, 2023. 4. It is alleged that accused No.1/petitioner had taken a house on rent under the guise of manufacturing masala products, but, in fact, in conspiracy with the other accused, was engaged in the illegal manufacture of spurious liquor using raw materials procured and transported from Goa to Bengaluru in the vehicle of accused No2, bearing registration No. KA-04-D-0635, and thereafter transported the same to Tamil Nadu, where accused No.6 is said to have sold it illegally. During the - 4 - HC-KAR NC: 2025:KHC:39982 WP No. 27261 of 2025 raid, about 10.627 litres of illicit liquor and raw materials valued at 43,53,300/-, along with a Kia car bearing registration No. GA-08-AC-0009, allegedly used by accused No.1 in the commission of the offence, were seized. 5. Petitioner is said to be the registered owner of a Kia car bearing registration number GA 08 AC 0009, which is also allegedly used in the commission of offence. The grievance of the petitioner seems to be that the said vehicle, though seized under PF.No.301/2024 dated 22.09.2024 in connection with this case registered under the provisions of the Karnataka Exercise Act, 1965, was not produced before the concerned officer as required under Section 43-A of the Karnataka Exercise Act, 1965 but seized and produced before the learned Magistrate and the said car is exposed to sun light and rain since then and not released in favour of the petitioner. - 5 - HC-KAR NC: 2025:KHC:39982 WP No. 27261 of 2025 6. Undisputedly, charge sheet is filed in this case against accused Nos.1 to 6 on completion of investigation. It cannot be said at this stage that there are no materials against the petitioner so as to quash the entire proceedings initiated against him, which is pending before the Court of learned Additional Civil Jude and JMFC, Nelamangala, Bengaluru Rural District. In so far as the interim prayer made in this writ petition seeking to release the vehicle in question to the custody of petitioner, it is seen that there is no order passed by the learned Magistrate either rejecting or allowing the application seeking custody of the vehicle. In that view of the matter, this Court cannot directly entertain the prayer of the petitioner seeking release of the custody of the vehicle. 7. Since it is submitted that vehicle was seized and produced before the learned Magistrate, it is open for the petitioner to file an appropriate application, if not already filed, before the learned Magistrate. If any such application is filed or pending, the learned Magistrate shall - 6 - HC-KAR NC: 2025:KHC:39982 WP No. 27261 of 2025 pass an appropriate order expeditiously, as far as possible within a period of 15 days from the date of receipt of a copy of this order, in accordance with law. 8. With the above observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 18