MANJUNATH H. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition, the petitioner-accused seeks quashing of the impugned proceedings in FIR in Crime No.65/2024- 25/3602IE/360204 registered by the respondent Police on the file of the II Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Ss. 13 , 14 , 15 , 32 , 38(A) , 43 of the Karnataka Excise Act, 1965.

(2.) Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record.

(3.) In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that before conducting the impugned search and seizure on 28/4/2024, whereby, the respondent is alleged to have seized the liquor from the petitioner, it was incumbent upon the respondent to either obtain a warrant or record reasons to believe in writing so as to dispense with the obtaining of warrant as mandated under Sec. 54 of the Karnataka Excise Act. In this context, it is submitted that, in the absence of reasons to believe recorded in writing so as to dispense with the requirement of obtaining of warrant, the impugned proceedings resulting in seizure of liquor from the petitioner and culminating in the impugned F.I.R. is contrary to the aforesaid provisions and the same deserves to be quashed.