Allowed

A Nanjappa v. the State of Karnataka

Karnataka HC4 Apr 2022CRL.P/800/2022

Case brief

AI extract

What is this about?

Justice M. Nagaprasanna allowed a criminal petition filed to quash proceedings under the Karnataka Excise Act initiated against an authorised liquor dealer who was not personally in possession or involved in illegal transport of liquor by another individual, ruling it an abuse of process.

What did the court decide?

The criminal petition was allowed and the proceedings in C.C.No.847/2021 were quashed.

A Nanjappa Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.800 OF 2022

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BETWEEN:

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A.NANJAPPA S/O DODDA BASAPPA AGED ABOUT 69 YEARS OWNER, MEGHA WINES MEDEHALLI ROAD, CHITRADURGA – 577 501.

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... PETITIONER

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(BY SRI VIJAYAKUMAR S.C., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY KOTE POLICE STATION CHITRADURGA – 577 501 REP., BY S.P.P HIGH COURT BUILDING BENGALURU – 01.

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... RESPONDENT

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(BY SMT.YASHODHA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE KOTE POLICE STATION ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA IN C.C.NO.847/2021 AS PER ANNEXURE-C.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court calling in question the proceedings in C.C.No.847/2021, pending on the file of 2^nd Additional Senior Civil Judge and JMFC, Chitradurga, registered for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965 (for short ‘the Act’).

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Heard Sri Vijayakumar S.C., learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court

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Government Pleader for the respondent – State.

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Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows

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The petitioner is an authorised dealer of excise material and is in possession of CL-2 license bearing No.EXE/Chitradurga/Chitradurga/41 CL-2 2018-19, issued by the competent authority and he is holding the same for more than ten years. A complaint is registered in crime No.64/2019 against one Mahendra, alleging that on 01.03.2019, at 2.30 p.m.

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he was illegally transporting liquor containing 70 tettra packs of 90 ml. Original Choice, Whisky and 90 ml. 8PM Whisky containing 9 tettra packs, amounting to Rs.2,788/-, in the motorcycle bearing registration No. KA-16-EK-3160, having purchased the same from Megha Wines. It is on this incident, the crime is registered for the offences punishable under Sections 32 and 34 of the Act. The police while conducting investigation recorded the statement of accused No.1 and then made the present petitioner as accused No.2 for offences punishable under the Act. It is these proceedings that are called in question by the petitioner.

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Sections 32 and 34 of the Act read as follows:

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“ 32. Penalty for illegal import, etc. –

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(1) Whoever, in contravention of this Act, or any rule, notification or order, made, issued or given thereunder, or of any licence or permit granted under this Act, imports, exports, transports, manufactures, collects or possesses any intoxicant, shall, on conviction, [be punished for each offence with rigorous imprisonment for a term which may extend to [five years and with fine which may extend to fifty thousand rupees.]]

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[Provided that the punishment,-

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(i) for the first offence shall be not less than [[one year rigorous imprisonment and fine of not less than ten thousand rupees]]; and

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(ii) for the second and subsequent offences shall be not less than [two years rigorous imprisonment and fine of not less than twenty thousand rupees] for each such offence.]

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(2) Whoever in contravention of this Act, or of any rule, notification or order made, issued or given thereunder, or of any licence or permit granted under this Act,(a) save in the cases provided for in section 37, sells any intoxicant; or

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(b) cultivates or fails to take the measures prescribed for checking the spontaneous growth or for the extirpation of the hemp plants; or

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(c) taps or draws toddy from any toddyproducing tree or;

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(d) constructs or works any distillery or brewery;

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(e) uses, keeps or has in his possession any materials, still, utensil, apparatus or implement whatsoever for the purpose of manufacturing any intoxicant other than toddy ; or

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(f) removes any intoxicant from any distillery, brewery or warehouse licenced, established or continued under this Act ; or

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(g) bottles any liquor;

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shall, on conviction, [be punished for each offence with rigorous imprisonment for a term which may extend to [five years and with a fine which may extend to twenty thousand rupees]].

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[Provided that the punishment,-

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(i) for the first offence shall be not less than [one year rigorous imprisonment and fine of not less than five thousand rupees]; and

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(ii) for the second and subsequent offences shall be not less than [one year rigorous imprisonment and fine of not less than ten thousand rupees] for each such offence.

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(3) Whoever, being the owner or in-charge of management or control of any public place allows consumption of liquor or whoever consumes liquor in any public place in which consumption of liquor is not permitted under a licence granted by the Excise Commissioner or the Deputy Commissioner, in contravention of the provisions of section 15A, shall on conviction be punished with fine which shall not be less than rupees two hundred but which may extend to [five thousand rupees.

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(4) Whoever violates the provisions of section 13A or the rules made thereunder shall on conviction be punished with a fine of rupees five thousand for each time, upto first five offences. In case of

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subsequent offence, he shall be punished with an imprisonment for a term of six months or with fine which may extend to ten thousand rupees or with both.

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34. Penalty for illegal possession. - Whoever, without lawful authority has in his possession any quantity of any intoxicant knowing the same to have been unlawfully imported, transported, manufactured, cultivated or collected, or knowing the prescribed duty not to have been paid thereon, shall, on conviction, be punished with imprisonment for a term which may extend to [four years and with fine which may extend to fifty thousand rupees.]

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[Provided that the punishment,-

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(i) for the first offence shall be not less than [one year imprisonment and fine of rupees ten thousand]; and

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(ii) for the second and subsequent offences shall be not less than imprisonment for [two years and fine of not less than rupees twenty thousand], for each such offence:

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Provided further that the fine inflicted, shall not be less than four times the amount of duty leviable on such intoxicant.”

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In terms of Section 32 and 34 of the Act, no offence can be

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laid against the petitioner on the statement being made by accused No.1, as Section 32 deals with penalty for illegal import

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and Section 34 deals with penalty for illegal possession. Neither of the two can be charged against the petitioner as the petitioner is the owner of Megha Wines. He has neither contravened the Act by illegal import nor is in illegal possession of any quantity of liquor. If accused No.1 was transporting liquor, the owner of the liquor shop cannot be hauled into criminal proceedings.

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In the light of the undisputed facts obtaining in the case

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at hand, permitting further proceedings to continue against the petitioner would become gross abuse of the process of the law and result in miscarriage of justice.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petition is allowed.

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(ii) The proceedings in C.C.No.847/2021, pending on the file of 2^nd Additional Senior Civil Judge and JMFC, Chitradurga, stand quashed.

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In view of the dismissal of the main petition, I.A.No.1/2022 does not survive for consideration and the same is disposed.

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Sd/JUDGE

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nvj CT:MJ

A Nanjappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

A Nanjappa v. the State of Karnataka

Case brief

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What did the court decide?

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