SUBHAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.1 has filed this petition under Sec. 482 of Cr.P.C. to quash the criminal proceedings in C.C.No.13/2017 on the file of Civil Judge (Sr.Dn) and JMFC Court Ramdurg for the offences punishable under Sec. 32, 34, 38-A, 43 Karnataka Excise Act, 1965.

(2.) It is the case of the petitioner that the charge sheet came to be filed against the petitioner and other in C.C.No.13/2017 on the file of Civil Judge (Sr.Dn) and JMFC Court Ramdurg for the offences punishable under Sec. 32, 34, 38-A, 43 Karnataka Excise Act, 1965. Alleging that on 27/9/2015 due to the Ganesh Idol Immersion, there was prohibition to sell liquor. On sighting the complainant and his staff petitioner ran away from the room situated near Shankarlinga Temple at Ramdurg Town. Though the complainant and others tried to apprehended him he managed to run away. However, when they went to the room and searched they found large quantity of liquor from Goa was stored in the said room. The said liquor seized through mahazer.

(3.) During investigation it was found that the accused No.2 is the owner of the said shop and has failed to intimate the complainant about the illegal sale and thereby facilitated the commission of offences and thereby both petitioner and accused No.2 have committed the offences punishable under Sec. 32, 34, 38-A, 43 Karnataka Excise Act, 1965.