- 1 - NC: 2025:KHC-D:172 WP No. 106956 of 2023 C/W CRL.P No. 103317 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 106956 OF 2023 (GM-RES) C/W CRIMINAL PETITION NO. 103317 OF 2023 IN W.P. NO. 106956 OF 2023: BETWEEN: GLOBAL CHEMICALS, PLOT NO.28, MORMUGAO INDUSTRIAL ESTATE, VASCO DA GAMA-GOA, REP. BY PROPRIETOR, CHETAN S/O KRISHNA SHETTY, AGE: 60 YEARS, OCC: BUSINESS, AT PLOT NO.28, MORMUGAO INDUSTRIAL ESTATE, VASCO DA GAMA-GOA. … PETITIONER (BY SRI. SRINIVAS B. NAIK AND SMT. RUKMINI PATIL, ADVOCATES) AND: THE STATE OF KARNATAKA, DEPARTMENT OF EXCISE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANTAKA, THOUGH MAJALI CHECK POST POLICE STATION, DISTRICT: KARWAR-580 011. … RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN A NATURE OF CERTIORARI AND QUASH THE FIR AND COMPLAINT REGISTERED IN FIR NO.6/2023-24/3217SIE2/321706 OF KARWAR SUB DIVISION OF KARWAR RANGE REGISTERED FOR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:56 +0530 - 2 - NC: 2025:KHC-D:172 WP No. 106956 of 2023 C/W CRL.P No. 103317 of 2023 THE OFFENCES PUNISHABLE UNDER SECTION 11, 12, 14, 15, 32(1), 34, 38(A), 43 OF KARNATAKA EXCISE ACT, VIDE ANNEXURE- F AND G IN THE INTEREST OF JUSTICE AND EQUITY. IN CLR. P. NO. 103317 OF 2023: BETWEEN: M/S. RAVINDRA AND CO. LTD., PRIMARY DISTILLERY, R/O: SY.NO.96, MALLIK, MIRJAPUR TALUK, DIST: BIDAR, REP. BY ITS MANAGING DIRECTOR, MARUTI KHASHAMPUR. … PETITIONER (BY SRI. V.P. VADAVI, SRI. V.B. KULKARNI AND SRI. VIVEK A. WAJAPE, ADVOCATES) AND: THE STATE OF KARNATAKA, REP. BY EXCISE, KARWAR SUB DIV P.S. MAJALI CHECK POST, KARWAR, REP. BY S.P.P. HIGH COURT OF KARANTAKA, DHARWAD BENCH, DHARWAD. … RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FIELD UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR NO.6/2023- 24/3217SIE2/321706 OF KARWAR SUB DIVISION OF KARWAR RANGE FOR THE OFFENCES PUNISHABLE UNDER SECTION 11,12, 14, 15, 32(1), 34, 38(A), 43 OF KARNATAKA EXCISE ACT, PENDING ON THE FILE OF LEARNED PRL. CIVIL JUDGE AND JMFC, KARWAR WITH HEAVY COST IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:172 WP No. 106956 of 2023 C/W CRL.P No. 103317 of 2023 ORAL ORDER 1. The registration of the FIR for offenses punishable under Sections 11, 12, 14, 15, 32(1), 34, 38(A), and 43 of the Karnataka Excise Act, 1965 (hereinafter referred to as ‘the Act, 1965’) is impugned in these petitions. 2. Upon receiving credible information, the complainant stopped a lorry belonging to accused No. 3, driven by accused No. 1. Upon inspection, it was discovered that the spirit was being transported in the lorry without obtaining the required permit under Section 12 of the Act, 1965. Accused No. 1 is the driver of the lorry in which the spirit was allegedly seized. Accused No. 2 is the manufacturer of the spirit, and accused No. 3 is the purchaser of the spirit, which was being transported in the subject lorry. 3. The learned counsel for the petitioners – accused Nos. 2 and 3 – submits that the spirit transported in the lorry does not fall within the definition of ‘liquor’ as stated under Section 2(18) of the Act, 1965, or Section 2(26) of the Act, 1965. Therefore, the registration of the FIR lacks authority. 4. In response, the learned Additional Government Advocate for the respondent – the State – submits that the petitioners were involved in transporting spirit meant for the manufacture of alcohol, and therefore, the allegations against the petitioners require investigation. At this stage, the same does not warrant interference. - 4 - NC: 2025:KHC-D:172 WP No. 106956 of 2023 C/W CRL.P No. 103317 of 2023 5. The arguments of the learned counsel for the parties have been duly considered. 6. It is admitted that accused No. 1 is the driver of the lorry, transporting the spirit on behalf of accused No. 3, and accused No. 2 is the manufacturer of the spirit. 7. Section 2(18) of the Act, 1965 defines ‘liquor’ and states that “liquor” includes: (a) spirits of wine, denatured spirits, wine, beer, toddy, and all liquids consisting of or containing alcohol, and any other intoxicating substance which the State Government may, by notification, declare to be liquor for the purposes of this Act. 8. In the present case, the spirit seized is neither denatured spirit nor any form of liquor as enumerated under sub- section (18) of Section 2 of the Act, 1965. 9. Section 2(26) of the Act, 1965 defines ‘spirit’ as any liquor containing alcohol and obtained by distillation, whether denatured or not. 10. In this case, the spirit in question did not contain alcohol. Therefore, in the absence of any material to substantiate that the petitioners were transporting liquor, the allegation that the petitioners were transporting liquor without obtaining permission under Section 2(18) of the Act, 1965 is without merit. Consequently, the continuation of the investigation would amount to an abuse of the process of law. Accordingly, I pass the following: - 5 - NC: 2025:KHC-D:172 WP No. 106956 of 2023 C/W CRL.P No. 103317 of 2023 ORDER i) The petitions stand allowed. ii) The impugned proceedings in FIR No.6/2023- 24/3217SIE2/321706 registered by the Karwar Sub-Division, Karwar Range stands quashed insofar as it relates to the petitioners – accused Nos.2 and 3. ii) The quashment of FIR enures to the benefit to the accused No.1 also. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 19