Karnataka High Court
Shri. Kumar S/O. Bhimappa Lamani vs The State Of Karnataka on 23 July, 2024
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NC: 2024:KHC-D:10386
CRL.P No. 102144 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102144 OF 2024 (482)
BETWEEN:
SHRI. KUMAR S/O. BHIMAPPA LAMANI,
AGE. 41 YEARS, OCC. NEWS PAPER EDITOR,
R/O. PANDURANGAPURA, KALASAPUR,
TQ. AND DIST. GADAG-582103.
...PETITIONER
(BY SRI. SABEEL AHMED, ADV. FOR
SRI. A. S PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH KARWAR EXCISE POLICE,
NOW REPRESENTED BY STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally signed DHARWAD BENCH, DHARWAD-580011.
by MANJANNA
E ...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
Location: HIGH
COURT OF
KARNATAKA THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH IMPUGNED COMPLAINT DATED 13.02.2024 AS
PER ANNEXURE-A AND IMPUGNED FIR REGISTERED BY THE
RESPONDENT IN CRIME NO. 12/2023-24/3202IE-320206 FOR THE
OFFENCES P/U/SEC. 32(1), 34, 38(A) AND 43 OF KARNATAKA
EXCISE ACT, 1965 AS PER ANNEXURE-B AND QUASH ALL
CONSEQUENTIAL PROCEEDINGS PENDING ON THE FILE OF ADDL.
CIVIL JUDGE AND JMFC-II, KARWAR IN CRIME NO.12/2023-
24/3202IE-320206 AS PER ANNEXURE-E IN SO FAR AS PETITIONER/
ACCUSED IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:10386
CRL.P No. 102144 of 2024
ORDER
This petition is filed by the petitioner/accused under Section 482 of the Criminal Procedure Code (for short, 'the Cr.P.C') for quashing the FIR and complaint dated 13.02.2024 registered in Crime No.12/2023- 2024/32021E-320206 for the offences punishable under Sections 32(1), 34, 38(A) and 43 of the Karnataka Excise Act, 1965 (for short, 'the Act') and to quash all the consequential proceedings pending on the file of the learned Additional Civil Judge and J.M.F.C-II, Karwar.
2. Heard learned counsel appearing for the petitioner and learned High Court Government Pleader for respondent-State.
3. Brief facts of the case of complainant is that, he received a credible information on 13.02.2024, as to a person transporting liquor illegally on Karwar-Goa NH-66. Hence, the complainant and his sub staff were waiting on National Highway 66 near Binaga Gate, Karwar, at about 1.45 p.m. a Creta Car bearing registered No.KA-25-MC- -3-
NC: 2024:KHC-D:10386 CRL.P No. 102144 of 2024 1678 came from Goa. Hence, the complainant and his sub staff intercepted the car and during inspection they found following items:
i. 750 ML No.5 johnnie walker red label blended scotch whisky.
ii. 750 ML No.6 old monk coffee xo rum. iii. 750 Ml No.1 Royal whisky bottle. iv. 750 ML No.1 old monk xxx rum bottles. Hence, Police seized those bottles and conducted seizer panchnama. The first informant lodged the complaint. This led to registration of FIR and investigation. Taking exception of the same, this petition is filed.
4. Learned counsel appearing for the petitioner submits that the Investigating Officer has not complied Section 54 of the Karnataka Excise Act, 1965 (for short, 'the Act) and he has not obtained search warrant before conducting raid. Further, the offence alleged is cognizable and registration of FIR after conducting the investigation is impermissible as specified under Section 154 of the Cr.P.C. -4-
NC: 2024:KHC-D:10386 CRL.P No. 102144 of 2024
5. On the other hand, learned High Court Government Pleader appearing for the respondent-State submits that Section 54 of the Act empowers the Excise Officials to search the car without obtaining search warrant. He further submits that Rule 2 of the Karnataka Excise (Entry, Inspection And Investigation Authorisation) Rules, 1967 specifies that any authorized officer may exercise the powers of entry and inspection under Section 51 and 54 of the Act without any warrant. Hence, he submits that registration of FIR is in compliance of Section 51 of the Act and the same does not warrant any interference.
6. On perusal of the material on record, it appears that Excise Officer has conducted the raid and seized the liquor bottles from the possession of the petitioner/accused without registering the FIR as required under Section 154 of the Cr.P.C.
7. Section 54 of the Act specifies that, if an officer in-charge of police Station has reasoned to belief that an offence under the Excise Act is being committed and that -5- NC: 2024:KHC-D:10386 CRL.P No. 102144 of 2024 search warrant cannot be obtained without offering an opportunity to offender to escape or conceding evidence of offence, he may after recording the grounds at any time to search any place and seized anything from there.
8. In the instant case, the Excise officer without search warrant or without recording reasons for dispensing with the obtaining search warrant has intercepted the car and conducted search in the car, which is impermissible. Admittedly, the alleged offences are cognizable in nature. Therefore, the registration of FIR in violation of Section 54 of the Act, 1965 and registration of FIR is not sustainable in law.
9. The Co-ordinate Bench in case of G Puttaraju Vs State Of Karnataka and another1 has observed that without registering the FIR, commencement of investigation is in violation of provisions of Criminal Procedure Code. Therefore, criminal proceeding is not 1 W.P.No.20816/2023 decided on 31.01.2024 -6- NC: 2024:KHC-D:10386 CRL.P No. 102144 of 2024 sustainable in law. Accordingly, I proceed to pass the following:
ORDER i. The criminal petition is allowed. ii. FIR in Crime No.12/2023-2024/32021E- 320206 for the offences punishable under Sections 32(1), 34, 38(A) and 43 of the Karnataka Excise Act, 1965 (for short, 'the Act') on the file of the learned Additional Civil Judge and J.M.F.C-II, Karwar, is quashed.
Sd/-
JUDGE AC/ct-an List No.: 1 Sl No.: 51