RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Police, after investigation, submitted the charge sheet for the offences punishable under Ss. 32 and 34 of the Karnataka Excise Act, 1965, Sec. 51(B) of the Disaster Management Act, 2005 and Sec. 188 of the IPC alleging that the petitioners-accused were involved in transporting the liquor illegally during the subsistence of Standard Operating Procedure issued during the COVID-19 pandemic. The learned Magistrate after accepting the charge sheet, took cognizance for the aforesaid offences and issued summons. Taking exception to the same, this petition is filed.

(2.) I have examined the submissions made by the learned counsel for the parties.

(3.) Sec. 55 of the Karnataka Excise Act specifies that the officer concerned shall exercise the power conferred on an officer in-charge of a police station by the provisions of Sec. 3 of Cr.P.C. Hence, it is implied that the officer concerned before conducting the raid seizing the illicit liquor from the accused was required to register the FIR at the first instance as specified under Sec. 154(1) of Cr.P.C. In the present case, the officer concerned without obtaining the search warrant seized the illicit liquor from the possession of the petitioners-accused.