G Raghu Achar v. the State of Karnataka
Case brief
What is this about?
CRL.P No. 4133 of 2025 (482 Cr.PC / 528 BNSS), High Court of Karnataka, Bengaluru - Justice Hemant Chandangoudar - decision 21 April 2025 - G Raghu Achar (accused No.3) v. State of Karnataka (Excise PS Chitradurga) and Madhusudana P N - quashing petition for proceedings in CC 2438/2024 pending before Prl. Civil and JMFC, Chitradurga for offences under Sections 32(1) and 34 of the Karnataka Excise Act, 1965 and Rule 10B of the Karnataka Excise (Licenses) (General Conditions) Rules, 1967 - election-time raid found seven liters whisky, nine liters liquor, 239.200 liters beer illegally stacked at petitioner's house - spot mahazar shows no Section 53 Magistrate's warrant obtained and no Section 54 reasons recorded - search and seizure held vitiated; proceedings relating to petitioner quashed as abuse of process. Keywords: quashing; Karnataka Excise Act 1965; Sections 53 and 54; warrant; spot mahazar; abuse of process.