Disposed

The Ugar Sugar Works Ltd. v. the State of Karnataka

Karnataka HC9 Oct 2020WP/7379/2019

Case brief

AI extract

What is this about?

This court allowed a writ petition seeking quashing of FIRs and release of a vehicle involved in illegal liquor transport. It stayed an arrest notice pending consideration of a compounding application under Section 45 of the Karnataka Excise Act, 1965, and directed authorities to consider compounding within four weeks.

What did the court decide?

Notice dated 21.09.2020 stayed; compounding of offences to be considered within four weeks; petition dismissed.

The Ugar Sugar Works Ltd. Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2020)

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W.P. NO.7379 OF 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF OCTOBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION No.7379 OF 2019 (GM-RES)

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BETWEEN:

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THE UGAR SUGAR WORKS LTD., REGISTERED OFFICE AT, MAHAVEERNAGAR SANGLI, MAHARASHTRA-416 416 REPRESENTED BY ITS AUTHORIZED OFFICER & BANGALORE OFFICE MANAGER NARAYAN SATU NAYAK S/O SATU NAYAK

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AGED ABOUT 68 YEARS ... PETITIONER

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(BY SRI.SHASHIDHARA.H.N, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF EXCISE GOVERNMENT OF KARNATAKA PRINCIPAL SECRETARY VIDHANA SOUDHA BANGALORE-560001

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THE EXCISE COMMISSIONER GOVERNMENT OF KARNATAKA 2^ND FLOOR, TTMC 'A' BLOCK BMTC BUILDING, SHANTINAGAR BANGALORE-560001

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THE DEPUTY COMMISSIONER OF EXCISE RAICHUR DISTRICT RAICHUR-561118

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THE INSPECTOR OF EXCISE RAICHUR DISTRICT

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RAICHUR-561118 ... RESPONDENTS

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(BY SRI. VINAYAKA V.S, HCGP)

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W.P. NO.7379 OF 2019

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FIRST INFORMATION REPORT (FIR) REGISTERED DATED 30.08.2018 VIDE ANNEXURE-A AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for a certiorari to quash the FIR registered as No.4/2018-19/2702IE/270203 dated 30.08.2018 and FIR No.577/2018 pending on the file of Principal JMFC-III, Court at Raichur and for direction to the respondents to release the vehicle TATA 407 bearing Registration No.KA-23/A-1759.

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The above proceedings arises out of an allegation that the petitioner is stated to have transported unsold liquor bottles of various brands without taking proper licences to do so.

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W.P. NO.7379 OF 2019

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The petitioner has also filed an application in I.A.No.1/2020 seeking for a direction to the respondents to compound the offences since the same is compoundable under Section 45 of the Karnataka Excise Act, 1965.

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The petitioner has also filed I.A.No.2/2020 seeking for stay of the notice dated 21.09.2020 issued by the respondents. By virtue of the said notice, respondents – authorities had indicated that Managing Director of the petitioner could be arrested.

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Taking into consideration that I.A.No.2/2020 has been filed seeking for compounding of the offences, I am of the considered view that pending consideration of the same, notice dated 21.09.2020 is required to be stayed. Hence, I.A.No.2/2020 is allowed.

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W.P. NO.7379 OF 2019

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I.A.No.1/2020 is allowed. Respondents are

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directed to consider the compounding of the offences if permissible under the applicable law within a period of four weeks from the date of

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receipt of certified copy of this order.

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In view of the above, petition stands disposed of reserving liberty to the petitioner to approach this Court in the event of respondents not compounding offences.

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Sd/JUDGE

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Prs*

The Ugar Sugar Works Ltd. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Ugar Sugar Works Ltd. v. the State of Karnataka

Case brief

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What did the court decide?

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