Karnataka HC Quashes Case Against Bus Owner Over Liquor Parcel, Finding No Prima Facie Link to the Crime

Illicit liquor was found in a parcel transported on a private bus owned by the petitioner.

The parcel had reportedly been booked by telephone and loaded onto the bus at Baleguli; the petitioner was not present at the place of loading.

Following investigation, a charge sheet was filed and proceedings were pending in C.C. No. 455/2019 for offences under Sections 11, 14(2), 32(1) and 38(A).

During the writ proceedings, the High Court directed the Superintendent of Police, Karwar, to inquire into the investigation; the inquiry report identified investigative deficiencies and stated that action had been initiated against erring officials.

The petitioner sought quashing of the proceedings insofar as they concerned him.

The Court considered its jurisdiction under Articles 226 and 227 of the Constitution and the quashing power identified in the petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

It applied the principle that criminal proceedings may be quashed where the material collected does not establish a prima facie connection between the accused and the alleged crime, and continuation of the proceedings would constitute an abuse of process.

The judgment cited no precedent.

The Court found the investigation perfunctory and the collected material insufficient to establish a prima facie nexus between the petitioner and the alleged offence.

The investigation did not clarify who used the telephone number to arrange the parcel’s loading, provide relevant call details, or explain why and by whom the parcel was loaded near Baleguli.

The person who owned the parcel, or the person who booked it, had not been examined; the petitioner was not present at the loading location.

In those circumstances, the mere fact that the liquor was found in a bus belonging to the petitioner did not establish his connection to the alleged crime.

It expressly preserved the rights of the remaining accused and the prosecution in the pending trial.