O LATE v. RAJARATHNAM, AGED ABOUT
Case Details
- 1 - NC: 2025:KHC:1922 CRL.P No. 12415 of 2023 C/W CRL.P No. 12497 of 2023 CRL.P No. 12534 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12415 OF 2023 C/W CRIMINAL PETITION NO. 12497 OF 2023 CRIMINAL PETITION NO. 12534 OF 2023 IN CRL.P No. 12415/2023 BETWEEN:
Legal Reasoning
warranting interference by this Court in the present petition. 8. Accordingly, I pass the following:
Arguments
SMT. R. SARASWATHI, W/O LATE V. RAJARATHNAM, AGED ABOUT 87 YEARS, R/AT NO.41, CASTLE STREET, ASHOKA NAGAR, BENGALURU - 560 050. (BY SRI. MANJUNATH K V., ADVOCATE) …PETITIONER Digitally signed by KAVYA R Location: High Court of Karnataka AND: STATE OF KARNATAKA, INSPECTOR OF EXCISE, ULSOOR RANGE, BANGALORE CITY, REPRESENTED BY SPP, HIGH COURT, BANGALORE - 560 001. (BY SMT.RASHMI JADHAV, ADDL. S.P.P.,) …RESPONDENT - 2 - NC: 2025:KHC:1922 CRL.P No. 12415 of 2023 C/W CRL.P No. 12497 of 2023 CRL.P No. 12534 of 2023 THIS CRL.P. IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET AND ALL FURTHER PROCEEDINGS ON THE FILE OF THE LEARNED MMTC-I (MAYO HALL) BENGALURU IN C.C.NO.23122/2021 PENDING AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 13, 14, 15, 32(1), 32(2), 38(A) AND 43 OF KARNATAKA EXCISE ACT. IN CRL.P NO. 12497/2023 BETWEEN: SMT. MECHERY ALICEMOL JOSEPH, W/O MR. V.F. DAVID, AGED ABOUT 66 YEARS, R/AT NO 40, CASTLE STREET, ASHOKANAGAR, RICHOMOND TOWN, BENGALURU - 560 025. ...PETITIONER (BY SRI. MANJUNATH K V.,ADVOCATE) AND: STATE OF KARNATAKA, INSPECTOR OF POLICE, ULSOOR RANGE, BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT, BANGALORE - 560 001. ...RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. S.P.P.,) THIS CRL.P. IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET AND ALL FURTHER PROCEEDINGS IN C.C.NO.23122/2021 PENDING ON THE FILE OF THE LEARNED METROPOLITAN MAGISTRATE TRAFFIC COURT-I (MAYO HALL), - 3 - NC: 2025:KHC:1922 CRL.P No. 12415 of 2023 C/W CRL.P No. 12497 of 2023 CRL.P No. 12534 of 2023 BENGALURU, FOR OFFENCE P/U/S 13, 14, 15, 32(1), 32(2), 38(A) AND 43 OF KARNATAKA EXCISE ACT-1965. IN CRL.P NO. 12534/2023 BETWEEN: PRAMOD T. P., S/O NARAYANA P, AGED ABOUT 57 YEARS, R/AT NO.1/2, HOSUR ROAD, RICHMOND TOWN, BENGALURU - 560 025. AND ALSO NO.1957, FATHIMA BAKERY, NO.41, CASTLE STREET, ASHOKNAGAR, BANGALORE - 560 025. ...PETITIONER (BY SRI. MANJUNATH K V.,ADVOCATE) AND: STATE OF KARNATAKA, INSPECTOR OF POLICE, ULSOOR RANGE, BUD-7, BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT, BANGALORE - 560 001. ...RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. S.P.P.,) THIS CRL.P. IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET AND ALL FURTHER PROCEEDINGS ON THE FILE OF THE LEARNED MMTC-I (MAYO HALL) BENGALURU IN C.C.NO.23122/2021 PENDING AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 13, 14, 15, 32(1), 32(2), 38(A) AND 43 OF KARNATAKA EXCISE ACT. - 4 - NC: 2025:KHC:1922 CRL.P No. 12415 of 2023 C/W CRL.P No. 12497 of 2023 CRL.P No. 12534 of 2023 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Heard the learned counsel for the parties and perused the material on record. 2. A perusal of material on record will indicate that the petitioner in Crl.P.No.12415/2023 is arraigned as accused No.2 and she is the owner of the building while the petitioner in Crl.P.No.12497/2023 is the owner of the bakery in which the subject goods (wine bottles) were confiscated by the respondent. So also, the petitioner in Crl.P.No.12534/2024 is the Manager of the aforesaid bakery. It is the matter of record that the subject bakery in question is M/s. Fathima Bakery which has been in existence for almost 70 years as on today. 3. A perusal of material on record will indicate that on 07.10.2020, there was a raid on the aforesaid premises by the respondent, pursuant to which FIR was lodged and culminated in a charge sheet dated 05.08.2021 and the petitioners are - 5 - NC: 2025:KHC:1922 CRL.P No. 12415 of 2023 C/W CRL.P No. 12497 of 2023 CRL.P No. 12534 of 2023 before this Court seeking quashment of the impugned proceedings. 4. Learned counsel for the petitioners invited my attention to the material on record which indicates that the seized items comprising of wine bottles were for the limited purpose of manufacturing bakery products in the subject premises and the same was found to be unfit for human consumption and consequently, the petitioners are not guilty of the offences alleged against them. It is pointed out that the 2 bottles, each having about 750 ml of liquor which were seized from the subject premises having been found to be unfit for human consumption it cannot be said that petitioners had violated the provisions of the Karnataka Excise Act and consequently, in the absence of necessary ingredients to constitute the offences under the Karnataka Excise Act, 1965, the impugned proceedings deserves to be quashed. It is also submitted that apart from the fact that the petitioners in Crl.P.No.12415/2023 and Crl.P.No.12497/2023 are only the owners of the building and the bakery respectively who had nothing to do with the seized articles, the petitioner in Crl.P.No.12534/2023 also was only a Manager of the bakery - 6 - NC: 2025:KHC:1922 CRL.P No. 12415 of 2023 C/W CRL.P No. 12497 of 2023 CRL.P No. 12534 of 2023 and as such, the impugned proceedings against all the petitioners - accused deserves to be quashed. 5. Per contra, learned Addl. SPP for the respondent- State submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the material on record would indicate that the only allegation made against all the accused is that during the time of raid, 2 bottles of liquor (wine) were seized from the subject premises. The specific allegation made against the petitioners is that they are guilty of the offences punishable under the aforesaid provisions of the Karnataka Excise Act. However, in light of the findings recorded in the FSL report to the effect that the aforesaid liquor seized from the subject premises was unfit for human consumption, the only inference that can be drawn from the said facts and circumstances would be that the same was being used only for the purpose of manufacturing of bakery products in the subject premises which has been undisputedly being used for the purpose of running a bakery for the last 70 years. - 7 - NC: 2025:KHC:1922 CRL.P No. 12415 of 2023 C/W CRL.P No. 12497 of 2023 CRL.P No. 12534 of 2023 7. Under these circumstances, in the absence of sufficient material to incriminate the petitioners for the offences alleged against them coupled with the other material on record, in particular the FSL report, I am of the view that the continuation of the impugned proceedings as against the petitioners would amount to abuse of the process of law
Decision
ORDER i. Criminal petitions are allowed. ii. The entire proceedings in C.C.No.23122/2021 on the file of MMTC-1, Mayohall, Bengaluru for the offences punishable under Sections 13, 14, 15, 32(1), 32(2), 38(A) and 43 of the Karnataka Excise Act, 1965 qua the petitioners- Accused Nos.1, 2 and 3 in Crl.P.Nos.12415/2023, 12497/2023 and 12534/2023 are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RKA List No.: 1 Sl No.: 20