Company Wins Case Against Election-Time Liquor Charge.
09 May 2024
Elections Law >> Constitution & Law Procedure | Central Excise >> Tax Laws
A Karnataka-based distillery company (referred to as petitioner in court documents) successfully challenged a First Information Report (FIR) filed against them for allegedly violating election code by having a truck loaded with liquor parked on their premises during the 2024 Lok Sabha elections.
The company argued that they held a valid license to produce and sell liquor, but only to the Karnataka State Beverages Corporation Limited (KSBCL). They presented an invoice and permit as evidence of a legitimate sale to KSBCL with a delivery window that hadn't expired when the truck was parked on their property.
The court found the company's argument convincing. Since the permit allowed delivery within the timeframe, simply having the parked truck didn't constitute an offense under the Karnataka Excise Act. The court further noted that issuing a permit during the Election Code of Conduct and then filing an FIR suggested a potential abuse of legal procedures.
The court ultimately ruled in favor of the company, quashing the FIR. This case highlights the importance of clear documentation and potential misuse of legal procedures during elections.