High Court of Karnataka, Dharwad Bench, quashed a charge sheet against the petitioner under Sections 32 and 34 of Karnataka Excise Act, 1965. The court held that reliance solely on a confession by a co-accused lacked independent evidence.
Charge sheet in Crime No.10/2017 is quashed insofar as the petitioner is concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 05th DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT
CRL.P. NO.100032/2018
BETWEEN:
DAYANAND JINNU AGE: 65 YEARS, R/O: HIREKERUR, TQ: HIREKERUR, DIST: HAVERI.
...PETITIONER
(BY SRI.PATIL M H, ADV.) AND
THE STATE OF KARNATAKA BY RATTIHALLI POLICE, REP. BY SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE REGISTRATION OF THE RATTIHALLI P.S.CR.NO.10/2017 FOR THE OFFENCE PUNISHABLE U/S.32 AND 34 OF KARNATAKA EXCISE ACT BY THE RATTIHALLI POLICE AND TO QUASH THE CHARGE SHEET FILED UNDER RATTIHALLI P.S.CR.NO. 10/2017 FOR THE OFFENCE PUNISHABLE UNDER SECTION 32 AND 34 OF KARNATAKA EXCISE ACT BY THE RATTIHALLI POLICE WHICH IS PENDING IN C.C.NO.302/2017 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, HIREKERUR IN SO FAR AS PETITIONER CONCERNED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner who is accused No.2 in Crime No.10/2017 of Rattihalli police station, is praying for quashing of the charge sheet filed in CC No.302/2017 on the file of the learned Civil Judge and JMFC, Hirekerur, for offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965.
31/1/2017 at about 8.00 p.m., the PSI of Rattihalli police station on receiving credible information had gone near the shop
of one Nagappa Basappa Kanner-accused No.1 along with panchas and her staff and on observing that he was in possession of and he was selling in his small shop liquor without having proper licence or permit and she conducted a raid and seized certain quantum of whisky stored in tetra packs. It is further alleged that on questioning, accused No.1 disclosed that
he had purchased the liquor from the present petitioneraccused No.2. After investigation, charge sheet has been filed against the present petitioner also and charge sheet includes 10 witnesses.
petitioner is concerned, the charge sheet is wholly groundless and therefore, it is liable to be quashed.
The above Petition is allowed.
a) The charge sheet filed under Rattihalli P.S. in Crime No.10/2017 for offences
punishable under Sections 32 and 34 of
the Karnataka Excise Act, 1965 is quashed insofar as the present
petitioner is concerned.
Sd/JUDGE
Vmb
1 issue framed by the court
Whether the charge sheet against the petitioner, relying solely on confessional statements from a co-accused without independent corroborative evidence, is groundless and liable to be quashed under Se
2 provisions across 2 enactments
DAYANAND JINNU
THE STATE OF KARNATAKA
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
