Karnataka High Court
Sri Chithanya Varad vs State Of Karnataka on 4 October, 2016
Author: Anand Byrareddy
Bench: Anand Byrareddy
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IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 04TH DAY OF OCTOBER 2016
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.6898 OF 2016
BETWEEN:
Sri. Chaithanya Varad,
Son of Sri. Srivasaraju,
Aged about 28 years,
Resident of No.12,
10th Main, RMV Extension,
Sadashivanagar,
Bangalore.
...PETITIONER
(By Shri Ramu K.S., Advocate)
AND:
State of Karnataka,
Represented by the
Station House Officer,
Cubbon Park Police Station,
Bangalore City,
Bangalore - 560 004.
...RESPONDENT
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent/State)
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This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint in
C.C.No.1901/2014 in the court of VIII Additional Chief
Metropolitan Magistrate, Bangalore and further proceedings in
C.C.No.1901/2014 in the court of VIII Additional Chief
Metropolitan Magistrate, Bangalore thereof including charge
sheet in Crime No.174/2013 in the above case.
This Criminal Petition coming on for Admission this day,
the court made the following:
ORDER
Heard the learned counsel for the petitioner and the learned State Public Prosecutor.
2. The petitioner is arrayed as Accused No.2. It transpires that they were celebrating a birthday party and there was liquor served and almost at the fag end of the party, there was a raid conducted by the police and admittedly, they had seized 12 empty beer bottles and other liquor bottles. The bottles admittedly were empty, meaning thereby that the persons gathered there had consumed the same. Hence, the offence committed under Section 34 of the Karnataka Excise Act, 1965, did not arise.
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3. It is also noticed that Section 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967, provides the liquor and the quantity of such liquor which could be carried by a person to attract punishment and it indicates that country beer could be 18.2 litres and other liquor such as Brandy and whisky could be 4.6 litres. In the absence of the kind of liquor bottles being found to be indicated and the fact that they were empty bottles, would not enable the police to frame the accused of having committed any offence under Section 34 of the Act.
The bottles being empty, again would not attract any penal provision. Accordingly, the petition is summarily allowed. The proceedings in C.C.No.1901/2014 on the file of the VIII Additional Chief Metropolitan Magistrate, Bangalore, stands quashed. I.A.1/2016 is disposed of.
Sd/-
JUDGE KS