PRABHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is arraigned as accused No.2, has filed this petition under sec. 482 of Cr.P.C. to quash the proceedings against him in C.C.1862/2021 (Crime No.64/2021 of Alavandi Police Station) on the file of Additional Civil Judge and JMFC, Koppal, for the offences punishable under Sec. 32 and 34 of the Karnataka Excise Act, 1965, (for short "K.E.Act").

(2.) The brief facts leading to filing of the petition are that the PSI of Alavandi P.S. registered a suo-moto complaint against petitioner and another alleging that on 16/7/2021 at 12.30 p.m. on receipt of credible information about transportation of liquor from Kavalur to Alavandi, he intercepted Tata Indica V2 Car bearing registration No.KA- 53/B-8953 and found liquor worth Rs.22,666.00 and cash of Rs.1,78,000.00. On enquiry, the driver of the car i.e. accused No.1-Vijaykumar revealed that the entire material and cash belong to the petitioner i.e. accused No.2-Prabhu Nagappa Babli, who is running Devi Wines and on his instructions, he had taken the liquor for sale and after sale when he was returning along with sale proceeds and remaining liquor, the investigating officer has seized the liquor and cash. Based on it, he has registered case against accused No.1 as well as petitioner-accused No.2.

(3.) Respondent has appeared through HCGP.