Introduction:

In a significant ruling, the Karnataka High Court has quashed a criminal case filed under the Karnataka Excise Act against Kalpatharu Breweries and Distilleries Pvt Ltd. The case stemmed from allegations that the company parked trucks loaded with liquor on its premises during the Lok Sabha Election 2024, breaching the Election Code of Conduct.

Arguments:

The petitioner, represented by Senior Advocate G K Bhat, argued that the company possessed a valid distillery license, permitting it to supply liquor exclusively to the Karnataka State Beverages Corporation Limited (KSBCL). The prosecution contended that the act of parking trucks loaded with liquor during the election period violated the Election Code of Conduct.

Court’s Judgement:

Justice M G Uma, presiding over the single-judge bench, analyzed the facts and held that no offense was made out under the Karnataka Excise Act. The court emphasized that the petitioner had a valid permit to supply liquor to KSBCL, issued before the alleged violation occurred. Furthermore, the court deemed the prosecution’s actions during the election period as an abuse of process, quashing the criminal proceedings against the petitioner.