RAJASHEKAR Vs. ULSOOR POLICE STATION

JUDGEMENT

(1.) In this petition filed under Section 482 of Cr.P.C., the petitioner has sought for quashing the FIR in Crime No.163/2011 of Ulsoor Police Station, Bangalore, registered for the offence punishable under Section 34 of the Karnataka Excise Act, 1965 (for short, 'the Act') and the charge sheet filed thereon in C.C. No.757/2011 on the file of the I MMTC, Bangalore, for the said offence, inter alia on the grounds that the search and seizure alleged to have been conducted by the concerned Police Officer is without authority of law and is in contravention of the provisions of Sections 53 and 54 of the Act, as such, the alleged search and seizure is vitiated, therefore, the prosecution launched based on such search and seizure, is liable to be quashed.

(2.) According to the case of the prosecution, at about 4.00 pm on 12.05.2011, the P.S.I. of Ulsoor Police Station received a credible information to the effect that the petitioner herein, who is a retired Subedar from Indian Army, has stored huge quantity of liquor bottles in his house purchasing them from Military Canteen and in turn, he is selling them to the public at a higher price. Immediately, the PSI, secured the panchas, appraised them about the information received by him and went near the house of the petitioner. There, he sent a police constable in mufti as a decoy and the decoy went inside the house of the petitioner and purchased three liquor bottles by paying Rs.750/- and thereafter, the decoy gave signal. Immediately, the PSI along with the panchas and other staff conducted raid and on search of the house, he found two bottles of teacher's scotch 750 ml. each, five bottles of Mc Dowell -750 ml each and four bottles of Royal Challenge-750 ml. each. Those bottles were seized along with three bottles in the hands of the decoy. A detailed mahazar was drawn.

(3.) During interrogation, the petitioner who was in the house, stated that he had purchased few of those bottles from military canteen and rest from a private liquor shop and that he does not possess any licence issued by the Excise Department. Therefore, the petitioner was arrested and on return to the police station, the PSI prepared a so-muto report, based on which, the aforesaid case came to be registered and investigation was takenup. After completing investigation, the charge sheet came to be laid.