- 1 - HC-KAR NC: 2026:KHC:15877 CRL.P No. 3702 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 3702 OF 2026 BETWEEN: DEEKSHITH H.P. S/O PUTTARAJU H.B., AGED ABOUT 36 YEARS, OWNER OF 14 WHEELER TANKER NO.KA-13-D-1827 RESIDING AT NO.MIG 7/C, 2ND STAGE, KUVEMPU NAGARA, HASSAN -573201 …PETITIONER (BY SRI. RAVI M.M., ADVOCATE) AND: STATE BY INSPECTOR OF EXCISE PADMANABHANAGARA ZONAL NO.36 SUB DIVISION-12 BENGALURU-560006 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560001 …RESPONDENT (BY SRI. M.R.PATIL, HIGH COURT GOVERNMENT PLEADER) THIS CRL.P IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.10579/2026 REGISTERED AGAINST THE PETITIONER PURSUANT TO CHARGE SHEET FOR FIR IN CRIME NO.10/2025-26/4108IE/410808 FOR THE OFFENCES PUNISHABLE Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15877 CRL.P No. 3702 of 2026 UNDER SECTIONS 11, 13(1)(e), 14, 15, 32, 38(A), 43 OF KARNATAKA EXCISE ACT, 1965 BY THE RESPONDENT INSPECTOR OF EXCISE PADMANABHANAGARA ZONAL-36, BENGALURU AND ALL FURTHER PROCEEDINGS THEREON, PENDING ON THE FILE OF THE 46TH ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the prosecution launched against him in C.C No.10579/2026 on the file of XLVI Additional Chief Judicial Magistrate, Bengaluru for offences punishable under Sections 11, 13(1)(e), 14, 15, 32, 38(A) and 43 of the Karnataka Excise Act, 1965. 2. The petitioner claims that he is the owner of a 14- wheeler Milk Tanker bearing registration No.KA-13-D-1827. The said lorry was checked by the Excise officials on 20.08.2025 and they found below the driver's seat, 5 bottles of Courier Napoleon Brandy of 750 ml each, 2 bottles of Morpheus Blended Premium Brandy of 750 ml each. It was marked on those bottles that it was for sale in Puducherry only and not for sale in Karnataka or in Maharashtra. Based on the search and - 3 - HC-KAR NC: 2026:KHC:15877 CRL.P No. 3702 of 2026 seizure, the respondent police registered a case in crime No.10/2025-26. Thereafter, the trial Court took cognizance of offences punishable under Sections 11, 13(1)(e), 14, 15, 32, 38(A) and 43 of the Karnataka Excise Act, 1965 and issued process to the petitioner. Being aggrieved by the same, the petitioner has filed this petition. 3. The learned counsel for the petitioner submits that the vehicle in question is a 14-wheeler Milk Tanker which is registered in the State of Karnataka. He submits that the bottles were found below the driver’s seat and that there was no instruction to the driver to transport them in the lorry. He therefore contends that it is the driver, who is responsible and he is bound to explain how those bottles were found in the lorry and the petitioner is in no way involved in the matter.. 4. The learned High Court Government Pleader for the respondent submitted that the petitioner is the owner of the lorry and therefore, he is bound to explain under what circumstances, these bottles were found below the driver's seat. He contends that it is for the petitioner to prove the same - 4 - HC-KAR NC: 2026:KHC:15877 CRL.P No. 3702 of 2026 before the trial Court and no interference can be made in a petition under Section 482 of Cr.P.C/528 of BNSS. 5. I have considered the submissions of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent. 6. The Milk Tanker belonging to the petitioner is a 14 wheeler vehicle. The accused No.1 is a driver, who was apprehended and it was found that below the driver's seat there were some liquor bottles which were to be sold only in Puducherry and not for sale in Karnataka or in Maharashtra. It is rather unfortunate that the respondent has not considered the fact that the petitioner being the owner of a 14 wheeler lorry, would not instruct his driver to transport 5 litres of liquor from Puducherry to Bengaluru. Therefore, it is only the accused No.1 who is bound to explain under what circumstances, he was transporting the liquor. Therefore, pursuing the case against the petitioner would amount to abusing the process of law. 7. In that view of the matter, the petition is allowed. The prosecution of the petitioner in C.C No.10579/2026 on the - 5 - HC-KAR NC: 2026:KHC:15877 CRL.P No. 3702 of 2026 file of XLVI Additional Chief Judicial Magistrate, Bengaluru for offences punishable under Sections 11, 13(1)(e), 14, 15, 32, 38(A) and 43 of the Karnataka Excise Act, 1965 against the petitioner, is quashed. However, the prosecution shall continue against accused No.1 in accordance with law. Learned High Court Government Pleader is permitted to file memo of appearance within 10 days. Sd/- (R. NATARAJ) JUDGE UN List No.: 2 Sl No.: 24