SAMEER S/O KHAJA HUSSAIN ATTAR vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18409
CRL.P No. 102948 of 2026
CNR: KAHC020179102026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102948 OF 2026
(482(CR.PC)/528(BNSS)
BETWEEN:
SAMEER S/O KHAJA HUSSAIN ATTAR
AGE: 35 YEARS, OCC: EMPLOYED AT PVT FIRM,
R/O. SADASHIVGAD JANATH PLOT,
SEABIRD COLONY, CHITTAKUL KARWAR,
DIST: UTTARA KANNADA- 581301.
… PETITIONER
(BY SRI. RAM P. GHORPADE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY OLD HUBBALLI POLICE STATION
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-11.
2. ROOPAK D.
AGE: 30 YEARS, OCC: POLICE OFFICER,
R/O. PSI CCB H-D CITY,
HUBBALLI DHARWAD
CITY POLICE STATION- 580025,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT, DHARWAD BENCH.
… RESPONDENTS
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1 AND
R2)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad
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HC-KAR
NC: 2026:KHC-D:18409
CRL.P No. 102948 of 2026
CNR: KAHC020179102026
THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS
(U/S 482 OF CR.P.C.) PRAYING TO QUASH THE CASE
PROCEEDINGS IN C.C. NO. 1437/2026 (OLD HUBBALLI P.S.)
CR. NO. 274/2025) FOR THE ALLEGED OFFENCES PUNISHABLE
U/SEC 38A, 32(1), 34, OF KARNATAKA EXCISE ACT 1965,
WHICH IS PENDING BEFORE THE IV ADDL. CIVIL JUDGE AND
J.M.F.C. COURT HUBBALLI, AGAINST THE PETITIONER/
ACCUSED NO.3.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri.Ram Parashuram Ghorpade, learned counsel
for the petitioner, and Sri.Praveena D.Devareddiyavara,
learned High Court Government Pleader for the respondent
Nos.1 and 2-State.
2. This petition is filed by petitioner–accused No.3,
under Section 482 of the Criminal Procedure Code (Section
528 of BNSS, 2023), seeking quashing of the entire
proceedings in C.C. No.1437/2026, pending on the file of
the learned IV Additional Civil Judge and JMFC, Hubballi
arising out of Old Hubballi Police Station Crime
No.274/2025 registered for the offences punishable under
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HC-KAR
NC: 2026:KHC-D:18409
CRL.P No. 102948 of 2026
CNR: KAHC020179102026
Sections 38A, 32(1) and 34 of the Karnataka Excise Act,
1965 (hereinafter referred to as ‘the Act’).
3. The brief facts of the prosecution case are as
follows:
de facto
On 30.12.2025 at about 1.30 a.m, the
complainant while on patrolling duty in Old Hubballi,
received credible information regarding illegal sale of illicit
de facto
liquor. Accordingly, the complainant and his sub-
staff conducted raid on accused No.1 was allegedly found
involved in the illegal sale of illicit liquor at Kotelingeshwar
Nagar, Venkateshwara Colony, Hubballi and seized illicit
liquor under seizure panchanama and thereafter, lodged
the complaint.
4. During the course of the investigation, the
Investigating Officer allegedly found the involvement of
accused Nos.2 and 3 in the commission of the said
offence. Being aggrieved by the initiation of criminal
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HC-KAR
NC: 2026:KHC-D:18409
CRL.P No. 102948 of 2026
CNR: KAHC020179102026
proceedings, the petitioner/accused No.3 has filed the
present petition seeking to quash the entire proceedings.
5. Learned counsel for the petitioner contended
that the Investigating Officer failed to comply with Section
54 of the Act, by not obtaining a search warrant prior to
conducting the raid. It is also contended that since the
alleged offences are cognizable, the Investigating Officer
ought to have registered the case first and thereafter
proceed with investigation, but without prior registration
as mandated under Section 154 of the Cr.P.C., conduct of
investigation is impermissible. Hence, learned counsel for
the petitioner prayed to allow the petition.
Per contra
6. , the learned High Court Government
Pleader filed statement of objections and contended that
Section 54 of the Act authorizes Police Officer to conduct
search without a warrant. It is further contended that the
FIR was registered in accordance with Section 51 of the
Act and that no interference is warranted. Hence, learned
HCGP prayed to dismiss the petition.
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NC: 2026:KHC-D:18409
CRL.P No. 102948 of 2026
CNR: KAHC020179102026
7. Upon perusal of the records, it is evident that the
Police Sub-Inspector conducted the raid and seized the
liquor from the motor vehicle allegedly belonging to the
petitioner – accused No.3 without first registering an FIR,
as mandated under Section 154 of the Cr.P.C.
8. Section 54 of the Act provides that if a Police
Officer has a reason to believe that an offence under the
Act is being committed and obtaining a search warrant
would either allow the offender to escape or result in the
loss of evidence, he may, after recording the reasons,
proceed to search and seize the articles without obtaining
a warrant.
9. In the present case, admittedly, the Police Sub-
Inspector neither obtained a search warrant nor recorded
any reasons for dispensing with the requirement of
obtaining a search warrant before conducting the search.
The records do not disclose compliance with the statutory
safeguards contemplated under Section 54 of the Act.
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CRL.P No. 102948 of 2026
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Such a search, therefore, is impermissible in law.
Therefore, search and seizure conducted by the police, in
the absence of compliance with the aforesaid statutory
requirements, cannot be sustained in law. Further, the
alleged offences being cognizable in nature, the police
were required to follow the procedure prescribed under
Section 154 of Cr.P.C. before proceeding with the
investigation. The failure to adhere to the prescribed
procedure, coupled with non-compliance with the
mandatory requirements of Section 54 of the Act, vitiate
the proceedings initiated against the petitioner.
10. Accordingly, this court proceeds to pass the
following:
ORDER
allowed
i. The criminal petition is .
ii. The entire proceedings in C.C. No.1437/2026,
pending on the file of the learned IV Additional
Civil Judge and JMFC, Hubballi arising out of Old
Hubballi Police Station Crime No.274/2025
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CRL.P No. 102948 of 2026
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registered for the offences punishable under
Sections 38A, 32(1) and 34 of the Karnataka
Excise Act, 1965, insofar as petitioner/accused
No.3 is concerned, are hereby quashed.
Pending I.A’s, if any, shall stand disposed of, as they
do not survive for consideration.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM,MBS
CT:GSM
LIST NO.: 1 SL NO.: 45