C P TAYAL Vs. STATE

JUDGEMENT

(1.) THIS petition filed challenging the registration of FIR in Cr. No. 97 of 2001 by the Inspector of Ashoknagar Police and continuation of investigation in the said case. The Assistant Commissioner of Police, Ulsoorgate sub-Division on 10-2-2001 made surprise check of the premises of e. T. Club, Residency Road, Bangalore and found that as many as 26 children ranging age group between 13 to 19 were being served with liquor. The petitioners 1, 4 and 2 are the accused who were said to be the Managing Committee Members of the Club and petitioners 3, 5 and 6 are the employees who said to have served the liquors to the children, contrary to the provisions of Sections 36 (l) (g) and 38-A of the Karnataka excise Act read with Rules 10 (1) (e) and 11 of the Karnataka Excise licences (General Conditions) Rules, 1967. Under the provisions of Section 36 (l) (g) of the Act shall on conviction be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

(2.) THE provisions of Section 41 of the Excise Act reads thus:

(3.) IN the said provisions the vicarious liability is fastened on the licence holder even if the employees have contravened any of the provisions of Sections 32, 33, 34, 36 and 37 of the Act. However, the licence holder can avoid the liability of punishment if he could show that he has no complicity with the act complained of and has taken due and reasonable precautions to prevent the commissions of such offences.