Sri. T.S. Suresh v. State by Town Police

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CRL.RP No.1148 of 2019, High Court of Karnataka at Bengaluru (Ravi V Hosmani J, oral order on admission, 28.11.2025; NC: 2025:KHC:49550). Petitioner T.S. Suresh (accused no.1) challenged concurrent convictions under the Karnataka Excise Act, 1965 - trial court C.C.No.778/2016 (judgment dated 22.12.2017, Prl. Senior Civil Judge and C.J.M., Chikkamagaluru) confirmed by Crl.A.No.9/2018 (judgment dated 01.08.2019, II Addl. District and Sessions Judge, Chikkamagaluru). Solitary ground: search on the person of the accused not in compliance with Sections 53 and 54 - search by Investigating Officer in presence of Panchas but without obtaining search warrant; per Section 54 as described, warrantless search by Police Inspector in-charge requires recorded reason that the accused was likely to escape; complaint disclosed neither. K.L. Subhayya v. State of Karnataka, AIR 1979 SC 711 applied (compliance mandatory; failure fatal). Held: failure to record reasons rendered impugned judgments totally contrary to law; revision allowed; convictions and sentences set aside; accused acquitted. Keywords: excise offence; search and seizure; search warrant; panchas; mandatory statutory compliance; revisional jurisdiction; concurrent findings; acquittal; Sections 397 and 401 Cr.P.C.