K L SUBBAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) -In this appeal by Special Leave the appellant has been convicted under S. 34 of the Mysore Excise Act and sentenced to three months' rigorous imprisonment and a fine of Rs. 100 for being in possession of 48 bottles of liquor which were recovered from a car which was being driven by the appellant. Mr. Javali appearing for the appellant has raised a short point before us. He has submitted that the Inspector of Excise who searched the car along with the panches had no jurisdiction to do so because he did so without complying with the provisions of S. 54 of the Excise Act. In our opinion, the contention is well founded and must prevail. S. 53 runs thus:

(2.) Thus this section relates to a contingency where the Statute enjoins that any inspector before searching a place must obtain a warrant from the Magistrate. S. 54 is a special provision which arises in urgent cases where it may not be possible for the officer concerned to get a warrant from the Magistrate. Section 54 runs thus:

(3.) In the instant case, it is admitted that the inspector who searched the car of the appellant had not made any record of any ground on the basis of which he had a reasonable belief that an offence under the Act, was being committed before proceeding to search the car and thus the provisions of S. 54 were not at all complied with.