The Ugar Sugar Works Ltd vs The State Of Karnataka on 9 October, 2020

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Karnataka High Court

The Ugar Sugar Works Ltd vs The State Of Karnataka on 9 October, 2020

Bench: Suraj Govindaraj

                                     W.P. NO.7379 OF 2019
                               1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 9 TH DAY OF OCTOBER, 2020

                        BEFORE

       THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

    WRIT PETITION No.7379 OF 2019 (GM-RES)
BETWEEN:

THE UGAR SUGAR WORKS LTD.,
REGISTERED OFFICE AT, MAHAVEERNAGAR
SANGLI, MAHARASHTRA-416 416
REPRESENTED BY ITS AUTHORIZED OFFICER
& BANGALORE OFFICE MANAGER
NARAYAN SATU NAYAK
S/O SATU NAYAK
AGED ABOUT 68 YEARS                      ... PETITIONER

(BY SRI.SHASHIDHARA.H.N, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
   DEPARTMENT OF EXCISE
   GOVERNMENT OF KARNATAKA
   PRINCIPAL SECRETARY
   VIDHANA SOUDHA
   BANGALORE-560001

2. THE EXCISE COMMISSIONER
   GOVERNMENT OF KARNATAKA
   2ND FLOOR, TTMC 'A' BLOCK
   BMTC BUILDING, SHANTINAGAR
   BANGALORE-560001

3. THE DEPUTY COMMISSIONER OF EXCISE
   RAICHUR DISTRICT
   RAICHUR-561118

4. THE INSPECTOR OF EXCISE
   RAICHUR DISTRICT
   RAICHUR-561118                       ... RESPONDENTS

(BY SRI. VINAYAKA V.S, HCGP)
                                         W.P. NO.7379 OF 2019
                               2



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE FIRST INFORMATION REPORT (FIR) REGISTERED DATED
30.08.2018 VIDE ANNEXURE-A AND ETC.


                          *****

      THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

1. The petitioner is before this Court seeking for a certiorari to quash the FIR registered as No.4/2018-19/2702IE/270203 dated 30.08.2018 and FIR No.577/2018 pending on the file of Principal JMFC-III, Court at Raichur and for direction to the respondents to release the vehicle TATA 407 bearing Registration No.KA-23/A-1759.

2. The above proceedings arises out of an allegation that the petitioner is stated to have transported unsold liquor bottles of various brands without taking proper licences to do so.

W.P. NO.7379 OF 2019 3

3. The petitioner has also filed an application in I.A.No.1/2020 seeking for a direction to the respondents to compound the offences since the same is compoundable under Section 45 of the Karnataka Excise Act, 1965.

4. The petitioner has also filed I.A.No.2/2020 seeking for stay of the notice dated 21.09.2020 issued by the respondents. By virtue of the said notice, respondents - authorities had indicated that Managing Director of the petitioner could be arrested.

5. Taking into consideration that I.A.No.2/2020 has been filed seeking for compounding of the offences, I am of the considered view that pending consideration of the same, notice dated 21.09.2020 is required to be stayed. Hence, I.A.No.2/2020 is allowed.

W.P. NO.7379 OF 2019 4

6. I.A.No.1/2020 is allowed. Respondents are directed to consider the compounding of the offences if permissible under the applicable law within a period of four weeks from the date of receipt of certified copy of this order.

7. In view of the above, petition stands disposed of reserving liberty to the petitioner to approach this Court in the event of respondents not compounding offences.

Sd/-

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