IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3424 OF 2019 BETWEEN:
1. MADHU TRANSPORT COMPANY RAJNEESH JAIN BY ITS PARTNERS VEHICLE BEARING NO.UP 15 BT 8941 SHREYANS JAIN S/O RAJNEESH JAIN AGED ABOUT 32 YEARS NO.750, BARAL PARTAPUR MEERUT, UTTAR PRADESH-250 103 2. M/S. JAIN BULK CARRIER A PARTNERSHIP FIRM REPRESENTED BY SHRI GAUTAM JAIN S/O SUBHASH CHAND JAIN VEHICLE BEARING NO.UP 15 BT 8611 AGED ABOUT 41 YEARS NEAR BHADHUR MOTORS DELHI ROAD, MEERUT UTTAR PRADESH-250 002 … PETITIONERS (BY SHRI. G.K.BHAT, ADVOCATE) AND:
1. STATE OF KARNATAKA BY INSPECTOR OF EXCISE OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, TUMKUR DISTRICT TUMKUR-572 101 REPRESENTED BY STATE SPP GOVT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001 2. THE DEPUTY COMMISSIONER OF EXCISE AND AUTHORISED OFFICER TUMKUR DISTRICT TUMKUR-572 101 ... RESPONDENTS (BY SHRI. S. RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.122/2018-19 ON THE FILE OF HON'BLE PRINCIPAL CIVIL JUDGE AND J.M.F.C., SIRA AS PER ANNEXURE-E AND F RESPECTIVELY.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners are the owners of two trucks bearing Nos.UP 15 AT 8941 and UP 15 BT 8611 respectively. The said vehicles were carrying “Extra Neutral Alcohol” (Spirit). It is alleged that the said goods were being transported from Madhya Pradesh to Kumbalagodu in Karnataka. The Excise officials detected that alcohol was being pilfered from the trucks and drivers were detained. Accordingly, FIR No.122/2018-19/301E/300413 has been registered on 20.01.2019 by the Excise Department.
2. Shri G.K. Bhat, learned advocate for the petitioners submits that petitioners are residents of Uttar Pradesh and owners of the aforementioned trucks. They are in no way involved in the alleged pilferage. Hence, inclusion of their names in the FIR is unjust.
3. Shri S. Rachaiah, learned HCGP, in his usual fairness, submits that vicarious liability cannot be saddled against the owners of the trucks.
4. In the circumstances, this petition merits consideration and it is accordingly allowed. FIR No.122/2018-19/301E/300413 pending on the file of Principal Civil Judge and JMFC, Sira, is quashed so far as inclusion of petitioners is concerned.
5. In view of the disposal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV