- 1 - HC-KAR NC: 2026:KHC-D:282 CRL.P No. 100343 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100343 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. AADAM S/O KUTUBUDDIN MUGUTKHAN AGE 29 YEARS, OCC. DRIVER R/O. NEAR KANNADA SCHOOL GUDDUBI SHIVAPUR, TQ. SAUNDATTI, DIST. BELAGAVI 590008. 2. AASHIF S/O REHMANSAB YALIGAR AGE 24 YEARS, OCC. DRIVER R/O. NEAR HANUMAN TEMPLE BESIDE HONKATTI, DIST. BAGALKOT 511104. 3. JAVERIYA S/O MOHAMMADHARIS INAMDAR AGE 35 YEARS, OCC. HOUSEWIFE R/O. KANJAR GALLI, BELAGAVI 590003. …PETITIONERS (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH EXERCISE INSPECTOR SOUTH RANGE-01, PS BELAGAVI, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH 580011. …RESPONDENTS (BY SRI. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 528 OF BNSS, 2023, PRAYING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDING IN C.C.NO. 2450/2024 FOR THE OFFENCES P/U/SEC. 10, 11, 12, 14, 15, 32(1), 38(A), 43 OF KARNATAKA EXCISE ACT, IN RESPECT OF ACCUSED NO.1, 2 AND 4, IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.01.14 14:07:18 +0530 - 2 - HC-KAR NC: 2026:KHC-D:282 CRL.P No. 100343 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Mahantesh S. Hiremath, learned counsel for the petitioners, and Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent. 2. The petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short, ‘the BNSS’) with the following prayer: “Wherefore, The petitioners most humbly prays to this Hon’ble High court that it may kindly be pleased to allow this petition and quash the entire proceedings in C.C.No.2450/2024 for the offences punishable under Section 10, 11, 12, 14, 15, 32(1), 38(A), 43 Of Karnataka Excise Act, In Respect Of Accused No.1, 2 And 4, in The Interest Of Justice.” 3. What is challenged is the entire proceedings in C.C. No.2450/2024 for the offences punishable under Sections 10, 11, 12, 14, 15, 32(1) 38(A) and 43 of the Karnataka Excise Act. 4. Having heard the arguments of both sides, this Court has perused the materials on record meticulously. - 3 - HC-KAR NC: 2026:KHC-D:282 CRL.P No. 100343 of 2025 5. Facts of the case would reveals that on credible information, the Excise officials conducted a raid and seized 1 Royal classic Malt Whisky bottles (180 ml), Royal Blue Malt Whisky bottles (750 ml), and other liquor bottles and sachets. Samples were taken from each of the seized items for the purpose of examination. 6. On sending the seized samples to the FSL, the Forensic Science Laboratory conducted chemical examination and found the presence of alcohol beyond the permissible limit in all the samples. A Tata company goods vehicle was also seized. A red-coloured Tata company goods vehicle bearing registration No.KA-22/D-3189 was seized during the course of the seizure. 7. Taking note of the huge quantity of liquor seized by the Excise officials under a panchanama, which was admittedly being transported without pass, permit, or licence, a prima facie commission of the offence stands established. Therefore, the charge sheet has been filed. 8. The grounds urged in the petition are more in the nature of defence, and therefore the same cannot be considered by this Court while exercising inherent jurisdiction by holding a mini trial. - 4 - HC-KAR NC: 2026:KHC-D:282 CRL.P No. 100343 of 2025 9. Accordingly, the following: ORDER i. The petition is dismissed. ii. All possible defences are kept open for the petitioners to be urged before the Trial Court in accordance with law. Sd/- (V.SRISHANANDA) JUDGE AC CT-CMU LIST NO.: 2 SL NO.: 57