Karnataka High Court
Akash S/O Chandrahas Naik vs State Of Karnataka on 4 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:9712
CRL.P No. 102276 of 2025
C/W CRL.P No. 101234 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102276 OF 2025
C/W
CRIMINAL PETITION NO. 101234 OF 2025
(482(CR.PC)/528(BNSS))
IN CRL.P. NO.102276 OF 2025:
BETWEEN:
1. DIVAKAR S/O IRAYYA MADIVALA,
AGE: 34 YEARS, OCC: DRIVER,
R/O: KYATHANAHALLI,
PANDAVAPURA, MANDYA-27.
2. MADEVA S/O KRISHANAPPA PANDAVAPUR,
AGE: 40 YEARS, OCC: MECHANIC,
R/O: 101-15 NAGAMANGALA ROAD,
PANDAVAPURA TOWN, TOWN MANDYA-34.
... PETITIONERS
(BY SRI. RAM P. GHORPADE, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
RAKESH BY ANKOLA POLICE STATION,
S R/BY THE STATE PUBLIC PROSECUTOR,
HARIHAR
HIGH COURT BUILDING, DHARWAD-11.
Digitally signed by
RAKESH S HARIHAR
Location:
HIGHCOURT OF
KARNATAKA
DHARWAD BENCH
2. SUNIL S/O SATAPPA HULLOLLI,
DHARWAD
AGE: 32 YEARS, OCC: POLICE OFFICER,
R/BY S.P.P. HIGH COURT, DHARWAD,
R/O: ANKOLA POLICE STATION,
UTTARA KANNADA-581 314.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN ANKOLA P.S. CR. NO.25/2025 FOR
THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 32, 34,
38A OF KARNATAKA EXCISE ACT, WHICH IS PENDING BEFORE THE
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CRL.P No. 102276 of 2025
C/W CRL.P No. 101234 of 2025
HC-KAR
PRL. CIVIL JUDGE (JR.DN) AND J.M.F.C. COURT ANKOLA, UTTARA
KANNADA AGAINST THE PETITIONER NO.1 AND 2/ACCUSED NO.1
AND 2.
IN CRL. P. NO. 101234 OF 2025:
BETWEEN:
1. AKASH S/O CHANDRAHAS NAIK,
AGE: 26 YEARS, OCC: PVT. WORK,
R/O: H.NO.4713, LOLIEM POLEM, GOA-403 728.
2. SANTOSH S/O ANNAPPA LAMANI,
AGE: 38 YEARS, OCC: POLICE CONSTABLE,
R/O: ANKOLA POLICE QUARTERS, ANKOLA,
DIST: UTTAR KANNADA-581 314.
... PETITIONERS
(BY SRI. RAM P. GHORPADE, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY ANKOLA POLICE STATION,
R/BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-11.
2. SUNIL S/O SATAPPA HULLOLLI,
AGE: 32 YEARS, OCC: POLICE OFFICER,
R/O: ANKOLA POLICE STATION,
UTTARA KANNADA-581 314,
REP. BY S.P.P., HIGH COURT BUILDING,
DHARWAD.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
R2-SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
CASE PROCEEDINGS IN ANKOLA P.S. CR. NO.25/2025 FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 32, 34, 38A OF
KARNATAKA EXCISE ACT, WHICH IS PENDING BEFORE THE PRL.
CIVIL JUDGE (JR. DN.) AND J.M.F.C. COURT, ANKOLA, UTTARA
KANNADA AGAINST THE PETITIONER NO.1 AND 2/ACCUSED NO.3
AND 4.
THESE PETITIONS ARE COMING ON FOR ADMISSION THIS
DAY, ORDER IS MADE THEREIN AS UNDER:
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CRL.P No. 102276 of 2025
C/W CRL.P No. 101234 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
These two petitions under Section 482 of Cr.P.C. are filed
by accused Nos.1 to 4 with a prayer to quash the entire
proceedings in Crime No.25/2025 registered by the Ankola
Police Station, Uttara Kannada District for offences punishable
under Sections 32, 34 and 38A of the Karnataka Excise Act.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.25/2025 was registered by the
Ankola Police Station, Uttara Kannada District for the aforesaid
offences against the accused Nos.1 to 4 based on the first
information dated 06.02.2025 received from respondent No.2 -
Police Officer, attached to Ankola Police Station, Uttara
Kannada District, assailing the correctness of the criminal case
registered against them, accused Nos.1 to 4 are before this
Court in these two petitions.
4. Learned counsel for the petitioners submits that
without registering the FIR, investigation has been commenced
in the present case which is not permissible. He further submits
that there is no compliance of Section 54 of the Karnataka
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Excise Act in the present cases. Accordingly, he prayed to allow
the petitions.
5. Learned HCGP has opposed the petitions. She
submits that the contraband articles were seized from a car,
when it was intercepted at the check post and therefore, there
is no requirement to comply Sections 53 and 54 of the
Karnataka Excise Act in the present case.
6. The FIR in the present case was registered against
accused Nos.1 to 4 after the car bearing registration No.KA-
42/M-2190 in which they were travelling was intercepted near
the check post within the jurisdiction of Ankola Police Station,
Uttara Kannada District and from the said car, the Indian made
foreign liquor beyond permissible limits which was being
transported by the accused without having any valid licence,
was recovered and seized. Undisputedly, the seizure from the
vehicle in which accused were travelling was done on the early
hours of 06.02.2025, which is at about 02:00 a.m. Section 53
of the Karnataka Excise Act provides for the power to the
magistrate to issue a warrant for search and Section 54 of the
Karnataka Excise Act provides for the power to search without
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warrant. Section 54 of the Karnataka Excise Act reads as
follows:
"54. Power to search without warrant. -
Whenever the Excise Commissioner or a Deputy
Commissioner or any police officer not below the rank
of an officer in charge of a police station or any Excise
Officer not below such rank as may be prescribed, has
reason to believe that an offence under section 32,
section 33, section 34, section 36 or section 37 has
been, is being, or is likely to be, committed, and that a
search warrant cannot be obtained without affording
the offender an opportunity of escape or of concealing
evidence of the offence, he may, after recording the
grounds of his belief,-
(a) at any time by day or by night enter and
search any place and seize anything found therein
which he has reason to believe to be liable to
confiscation under this Act; and
(b) detain and search and, if he thinks proper,
arrest any person found in such place whom he has
reason to believe to be guilty of such offence as
aforesaid."
7. Though in Section 53 of the Karnataka Excise Act,
the word used is "place" for the purpose of search. The Hon'ble
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Supreme Court in the case of KL Subbayya vs. State of
Karnataka1 has held that the word "place" under the Act
included the vehicles which would include a car. In the case on
hand, the vehicle from which the contraband articles were
recovered and seized is undisputedly a car and therefore, in
view of the aforesaid judgment, the Investigation Officer ought
to have obtained a warrant for the purpose of searching the
car. In the event, he was not in a position to obtain a warrant,
then as provided under Section 54 of the Karnataka Excise Act,
he should have recorded the reasons for his belief that such
warrant cannot be obtained without affording an opportunity to
escape or of concealing the evidence of offence. In the case on
hand, prima facie it appears that the requirement of Section 54
of the Karnataka Excise Act has not been complied. Under the
circumstances, I am of the opinion that the continuation of the
further proceedings in the present cases would amount to
abuse of process and law. Accordingly, the following:
ORDER
Criminal petitions are allowed. The entire proceedings in
Crime No.25/2025 registered by the Ankola Police Station,
AIR 1979 SC 711
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Uttara Kannada District for offences punishable under Sections
32, 34 and 38A of the Karnataka Excise Act against the
petitioners, are quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH
CT:BCK
