- 1 - HC-KAR NC: 2025:KHC:41148 WP No. 28909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 28909 OF 2025 (GM-RES) BETWEEN: P.N. BASAVEGOWDA S/O NAGESH AGE ABOUT 20 YEARS R/A PUTTEGOWDANA DODDI MADDUR TALUK MANDYA DISTRICT - 571 422. …PETITIONER (BY SRI. G.K. BHAT, SR. COUNSEL A/W SMT. SUDHA D, ADVOCATE) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF EXCISE OFFICE OF THE JOINT COMMISSIONER OF EXCISE (ENFORCEMENT AND INVESTIGATION) MYSURU - 570 001, REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER OF EXCISE MANDYA DISTRICT MANDYA - 571 401. …RESPONDENTS (BY SRI. JAGADEESHA B.N, ADDL. SPP FOR R1 AND R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41148 WP No. 28909 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS PRAYING TO QUASH THE FIR NO. 723/25 (CRIME NO. 22/25- 26/75 I.E 2/752505) REGISTERED BY THE RESPONDENT NO.1 ON 11.09.2025 AND AS REPORTED TO THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, MADDUR AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the registration of the FIR against him by the Excise Department, under Sections 11, 14, 15, 32, 38(A) and 43 of the Karnataka Excise Act, 1965. 2. The first informant is the Excise Inspector, Office of the Joint Commissioner, Mysuru Division, Mysuru. As per FIR averments, on 10.09.2025 at about 07.10 p.m., the first informant received a credible information that in violation of the prohibition order, certain accused - 3 - HC-KAR NC: 2025:KHC:41148 WP No. 28909 of 2025 are selling liquor in the premises of one Harshala Comforts Boarding & Lodging. Based on the said information, he along with other officials went to the spot and noticed two two-wheelers parked in front of the said Boarding & Lodging. From the said vehicles 2.340 litres and 0.605 litres of liquor were separately seized. Further, a raid was conducted and various quantities of liquors were seized from one of the rooms of the Boarding and Lodging. 3. Admittedly, petitioner is not the owner of the Harshala Comforts Boarding & lodging from where the liquors are seized. It is also not the case of the prosecution that the petitioner was found selling liquor. As per the mahazar, the petitioner was allegedly selling liquor in the two wheelers which was found parked in front of the hotel. It is alleged that without any license or permit, he was selling the liquor. However, it is seen that the said liquor seized from the two-wheelers is 2.340 litres. and 0.605 litres. Even accepting the case of the prosecution that the said liquor was found in the two - 4 - HC-KAR NC: 2025:KHC:41148 WP No. 28909 of 2025 wheelers, it cannot be said that it was the petitioner who had concealed the said liquor in the two-wheelers for the purpose of selling. 5. It is contented by the learned counsel for the petitioner that under Rule 21 of the Karnataka Excise (Possession, Transport, Import & Export of Intoxicants) Rules, 1967, no permit or licence is required for the possession or transport of the quantity of liquor which is now alleged to have been found in the dickey of the two wheelers. 6. There is a considerable force in the arguments advanced by the learned Senior Counsel for the petitioner. The liquor seized from the scooter is under the permissible limit. Since there are no materials to show that the petitioner has stored the liquor seized under the mahazar from the licensed premises and he being not the owner of the said premises, criminal proceeding initiated against him is an abuse of process of law. Hence the following: - 5 - HC-KAR NC: 2025:KHC:41148 WP No. 28909 of 2025 ORDER (i) Petition is allowed. (ii) The proceeding arising out of FIR No.22/2025-26/ 75IE2/752505 dated 11.09.2025 registered by the Karnataka Excise Department, Manyda Sub-Division, Mandya, pending before the court of Principal Civil Judge and JMFC, Maddur is quashed, insofar as the petitioner is concerned. Sd/- (MOHAMMAD NAWAZ) JUDGE YN List No.: 1 Sl No.: 28 CT: BHK