How can Excise Department seize truckloads of liquor citing model code of conduct when it gave permit for transportation, asks Karnataka High Court

The High Court of Karnataka has termed as the “abuse of process of law” the strange action of the State Excise Department, which had seized a truckload of liquor citing violation of the model code of conduct (MCC) for elections even though the department itself had issued the permit for transportation of the liquor load when the MCC was in force.

The High Court of Karnataka has termed as the “abuse of process of law” the strange action of the State Excise Department, which had seized truckloads of liquor citing the violation of the model code of conduct (MCC) for elections even though the department itself had issued the permit for transportation of the liquor load when the MCC was in force.

“If at all the petitioner company was not permitted to deliver the liquor to Karnataka State Beverages Corporation Ltd., (KSBCL) during the period of the MCC, the department could not have issued the permit in favour of the petitioner,” the court observed while quashing the two first information reports (FIRs) registered against a company on March 18.

Justice M.G. Uma passed the order while allowing the petitions filed by Kalpatharu Breweries and Distilleries Pvt. Ltd., Somapura Industrial Area, Dobbspet, Bengaluru Rural district.

The petitioner-company was authorised to supply liquor — whisky, beer, etc. — only to the KSBCL, and the Excise Department on March 16 issued permits, which were valid till March 22, to transport two truckloads of liquor consignment worth ₹36 lakh each to the KSBCL.

However, the sub-inspector of excise, Nelamangala, on March 18 seized the liquor bottles loaded on two trucks parked on the premises of the company, for dispatching them to the KSBCL as per the permits granted for their transportation, and registered FIRs against the company under Section 32 (illegal transport) and 34 (illegal possession) of the Karnataka Excise Act, 1965.

“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,” the court observed while holding that prima facie it is the case of abuse of the process of law by the department in registering the case citing violation of the MCC.