Y MANJUNATH AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are heard and disposed of by this common order, as the petitions are filed challenging the same proceedings.

(2.) The facts are stated to be as follows. The petitioner in the first of these petitions was said to be working as the Deputy Commissioner of Excise, arrayed as accused No. 8 and the petitioner in the second of these petitions was said to be working as an Inspector of Excise and in-charge Additional Deputy Superintendent of Excise, Mysore, arrayed as accused No. 4.

(3.) It transpires that the Deputy Superintendent of Police, Lokayukta, Mysore, on receiving information of certain corrupt practices in the office of the Inspector of Excise, Range I & IV, Mysore, is said to have obtained a search warrant from the Court of the District and Sessions Judge & Special Judge, Mysore, to conduct a search of the said offices. Accordingly, he is said to have proceeded with his staff and other panch witnesses to the Office premises of the Deputy Superintendent of Excise and the office premises of the petitioners. Both the offices were said to be situated in the same building. The raiding party is said to have reached the said offices at about 12.40 PM on 27.2.2012. It transpires one Dakshinamurthy, Sub-inspector of Excise was present, who was said to have been served with the search warrant. The Inspector of Excise was not to be found in the office. The search party had then entered the room where Nagesh, a Second Division Assistant (Accused No. 2) and one Rajappa, an Excise guard (Accused No. 3) were said to be present. On enquiry with them as regards applications for renewal of licences filed by M/s. SB Wines Corner and M/s. Gandharva Wines, Accused No. 2 is said to have produced two files and an amount of Rs. 41,000/- each, which was to be handed over to the Excise Inspector and which was said to have been handed over by one Yogesh. The said amount of Rs. 82,000/- which was not towards any legitimate fee or charges was said to have been seized and the particulars noted.