BENGALURU: The Karnataka High Court took serious exception to the conduct of the Excise Department in registering crimes against a company by seizing its two trucks loaded with liquor bottles, citing the model code of conduct, though the company is permitted to supply that liquor to the Karnataka State Beverages Corporation Limited (KSBCL).
Justice M G Uma the quashed two First Information Reports (FIRs) registered by the Excise Officials of Nelamangala Subdivision against Kalpatharu Breweries and Distilleries.
The judge said, “Prima facie it is the case of abuse of process of law by registering the case during the Lok Sabha elections taking advantage of the Election of Code of Conduct. If at all the petitioner company was not permitted to deliver the liquor to Karnataka KSBCL during the period of the code of conduct, the department could not have issued the permit in favour of the petitioner.”
Kalpatharu Breweries moved the high court, questioning the seizure of its trucks, each containing Rs 30 lakh worth of liquor, and registration of crimes on March 18 by the excise officials.
The petitioner company stated that it produced liquor and beer as per the licence and is allowed to supply only to the KSBCL.
The permit was issued on March 16 which was valid up to March 22. But before its expiry, the excise sub-inspector registered the FIRs on the ground that the trucks loaded with liquor were parked on the company premises.
The government advocate opposed the petitions, arguing that the company parked the trucks loaded with liquor on its premises.
The court noted that even if the first information is accepted as it is in the light of the invoice and the permit produced by the petitioner, no offence either under Section 32 or under Section 34 of the Karnataka Excise Act, 1965 is made out and hence petitions are not allowed.