THE STATE OF KARNATAKA BY THE AUTHORISED OFFICER AND SUPERINTENDENT OF EXCISE vs SRI H.T.RAJU S/O TIMMAPPA SHETTY

On 23-9-1998 at Koteshwara village, Kundapura Taluk in front of petrol bunk near Kundapura-Mangaluru National Highway the Authorised Officer and Superintendent of Excise, Udupi, checked the vehicle of the accused namely, a Goods Lorry bearing No.KA 14-2357 wherein 2654-640 litres of liquor was found in the lorry without any licence. The vehicle was seized. The complaint was lodged. The investigation was taken up and a charge sheet was filed. The Authorised Officer seized the vehicle and passed an order confiscating the said vehicle. Aggrieved by the same, an appeal was filed which was allowed. The interim order passed by the Authorised officer with regard to the release of the said vehicle was made absolute. Aggrieved by the same, the State has filed this petition.

Sri Chetan Desai, learned High Court Government Pleader appearing for petitioner contends that the impugned order is bad in law and liable to be set aside. That the trial court misdirected itself in following the Judgment of the Supreme Court. That the same is not applicable to the case on hand. On the other hand, learned counsel appearing for the respondent disputes the same.

Heard learned counsels.

The Hon''ble Supreme Court in the Judgment in the case of K.L.SUBBAYYA vs. STATE reported in AIR 1979 SC 711 held that the provisions of Section 53 and 54 of the Karnataka Excise Act are mandatory. That a search warrant is necessary in order to search the vehicle. For conducting a search with warrant there must be reasons recorded by the Officer. Both these are absent in the present case. The evidence led by the Authorised Officer does not indicate that there is any application of mind or that there was any reason or apprehension in order to seize the said vehicle. Failure to give reasons as to why the vehicle came to be seized is violative of Section 53 & 54 of the Excise Act is squarely covered by the aforesaid decision. The first appellate court has rightly considered the same and applied the Judgment to the facts of the case. It is a well considered order passed by the appellate Court. Consequently, the Revision Petition being devoid of merits, is dismissed.