Sagayappa @ Sagayaraj vs Inspector Of Excise on 2 December, 2013

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Karnataka High Court

Sagayappa @ Sagayaraj vs Inspector Of Excise on 2 December, 2013

Bench: H.N.Nagamohan Das

                          1


     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 2ND DAY OF DECEMBER, 2013

                       BEFORE

     THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

            CRIMINAL PETITION NO.3446/2013

BETWEEN:

SAGAYAPPA @ SAGAYARAJ,
S/O LATE DAVID,
AGED ABOUT 48 YEARS,
NO.11, CHURCH ROAD,
THATAGUPPE, UDAYAPUR POST,
BANGALORE SOUTH TALUK-560062.          ... PETITIONER

(BY SRI H.K.THIMME GOWDA, ADV.)

AND:

1.     INSPECTOR OF EXCISE,
       GANDHINAGAR SUB DIVISION,
       GANDHI NAGAR,
       BANGALORE-560009,
       REPRESENTED BY SPP,
       HIGH COURT BUILDING,
       BANGALORE.

2.     INSPECTOR OF EXCISE,
       J P NAGAR RANGE,
       NO.22, POORNIMA COMPLEX
       J C ROAD, IST CROSS
       BANGALORE-560002,
       REPRESENTED BY SPP,
       HIGH COURT BUILDING,
       BANGALORE.
                              2



3.   AUTHORISED OFFICER
     AND DEPUTY COMMISSIONER
     OF EXCISE, BANGALORE URBAN
     DISTRICT(WEST), NO.22,
     POORNIMA COMPLEX,
     J C ROAD, IST CROSS,
     BANGALORE-560002,
     REPRESENTED BY SPP,
     HIGH COURT BUILDING,
     BANGALORE.
                                          ... RESPONDENTS

(BY SRI K.NAGESHWARAPPA, GP)

     THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO:
QUASH THE FIR BEARING NO.ANI/GAUVI/BANGALORE/
FIR NO.99/2012-13 FOR THE OFFENCES U/S 11 TO 14 OF
KARANTAKA EXCISE ACT, WHICH ARE P/U/S 32,38A,43
AND 43A OF THE SAID ACT REGISTERED AGAISNT THE
PETITIONER AND ANOTHER ACCUSED ANILKUMAR IS
PENDING ON THE FILE OF THE C.J.M., BANGALORE (R)
DISTRICT, BANGALORE FILED BY INSPECTOR OF EXCISE,
GANDHI NAGAR, SUB DIVISION, BANGALORE - 560 009.

    THIS CRIMINAL PETITION COMING ON                    FOR
ADMISSION THIS DAY, THE COURT MADE                      THE
FOLLOWING:

                         ORDER

In this petition, the petitioner has prayed for quashing the proceedings in FIR No.99/2012-2013 on the file of the Chief Metropolitan Magistrate Bangalore Rural District, Bangalore for the offences punishable under Sections 32, 3 38A, 43 and 43A of the Karnataka Excise Act and also to quash the notice dated 29.05.2013 on the file of the Authorized Officer and Deputy Commissioner of Excise, Bangalore Urban District.

2. It is the case of prosecution that on 26.04.2013, the respondent officials intercepted the Scorpio car bearing No.KA-03-ML-5148 and found 48 bottles of punch whisky of 180 ml each bottle i.e.8.640 litres, 12 bottles of kingfisher premium beer of 650 ml each i.e.7.800 litres, 36 bottles of kingfisher strong beer, which were packed in cardboard boxes. The respondent-authorities registered the case against the petitioner in FIR No.99/2012-2013 for the offences punishable under Sections 32, 38A, 43 and 43A of Karnataka Excise Act. Simultaneously, the Authorized Officials and Deputy Commissioner of Excise also initiated proceeding for confiscation of seized materials under the impugned notice. Aggrieved by the initiation of confiscation of seized materials, the petitioner is before this Court.

3. Learned counsel for the petitioner brought to my notice that Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967 specifies that possession and transport of brandy, whisky etc., ascertain limit specifies is as under:

" 21. Cases where permit or licence is not required-No permit or licence, under these rules, shall be required for the possession or transport of the following quantities of liquors.

Liquor Quantity

1. Toddy, in such areas of the State 2.4 litres] where the sale of toddy to public is allowed under sub-rule (4) of Rule 3 of the Karnataka Excise (Tapping of Trees) Rules, 1991.

2. Molasses Arrack [750 Millitres]

3. Molasses Arrack in Coorg District 0.8 litres

4. Country Beer 18.2 litres

5. Brandy, Whisky, Gin, Rum, Milk- 4.6 litres] punch and such other liquors manufactured in Karnataka State or Manufactured in other place in India and imported to Karnataka State, excluding Foreign liquors (imported) 5

6. Foreign Liquors (Imported) 9.1 litres

7. Denatured Spirit [750 Millitres]

8. xxxx]

9. Wines (including mass wine and 4.5 litres] sacramental wine)

4. On the face of it, the seized materials from the possession of the petitioner and other persons manifestly establishes that the same is within the limit specified under Rule 21 of the Karnataka Excise Rules. Therefore, there is no violation of the Karnataka Excise Rules as contended by the respondent-prosecution. Therefore, the proceedings before the Criminal Court are liable to be quashed.

5. Insofar as the confiscation proceedings initiated by the respondent-authorities is out side the scope of Section 482 of Cr.P.C. However, it is open for the petitioner to workout his remedy in accordance with law insofar as confiscation proceedings are concerned. Accordingly, the following:

ORDER

i) The petition is hereby allowed.

ii) The proceedings in FIR No.99/2012-2013 on the file of the Chief Metropolitan Magistrate Bangalore Rural District, Bangalore are hereby quashed.

Sd/-

JUDGE VM

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