Court Upholds Magistrate's Permission for Investigation into Alleged Sale of Alcohol to Minors
In a significant ruling, the Karnataka High Court has upheld the investigation into the alleged sale and consumption of alcohol by minors at Legacy Brewing Company, Rajarajeshwarinagar, dismissing the petition filed by V. Chitti Babu, a partner of the brewing company. The case revolves around the tragic death of a minor, Reyan Jacob, who reportedly consumed alcohol at the establishment before his untimely demise.
The petitioner challenged the registration of Crime No. 69 of 2026, arguing that the permission granted by the Magistrate for the investigation was without proper application of mind and that the establishment did not serve alcohol to minors. However, the court, presided by Justice M. Nagaprasanna, found that the Magistrate's order was valid and that the investigation was necessary to determine the circumstances under which the minors gained access to the premises and consumed alcohol.
The court highlighted the statutory responsibilities of the licensee under Section 36(1)(g) of the Karnataka Excise Act, 1965, and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The judgment emphasized that license holders must prevent minors from entering premises where intoxicants are sold or manufactured and ensure robust age verification mechanisms.
The court noted that the presence of alcohol in the deceased minor's body, as indicated in the post-mortem report, warranted a thorough investigation. It stressed the importance of licensed establishments implementing strict age verification protocols to prevent underage drinking.
The ruling underscores the legal and moral obligations of establishments serving alcohol, reinforcing the need for vigilant compliance with statutory mandates to protect minors from exposure to intoxicants.
Bottom Line:
Registration of non-cognizable offences requires prior permission of Magistrate, and investigation into sale or consumption of alcohol to minors in a licensed establishment demands scrutiny to ensure compliance with statutory mandates and prevent exposure of children to intoxicants.
Statutory provision(s): Karnataka Excise Act, 1965 Section 36(1)(g), Juvenile Justice (Care and Protection of Children) Act, 2015 Section 77, BNSS Section 174(2), BNSS Section 528
V. Chitti Babu v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2871989
