Sk. Sirajuddin Vs State of Odisha (Orissa High Court)
Material Facts
The petitioners filed a Criminal Miscellaneous Petition seeking a declaration that the action of the Investigating Officer, Daitari Police Station, pursuant to search warrants dated 06.01.2026 issued under Sections 96 and 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Daitari P.S. Case No.107 of 2025 was illegal and arbitrary. They also sought consequential reliefs.
The petitioners were accused in Daitari P.S. Case No.107 dated 29.10.2025 registered under Sections 303(2), 317(2), 109, 111(3), 325 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 11(1)(d) of the Prevention of Cruelty to Animals Act and Section 7(1) of the Orissa Prevention of Cow Slaughter Act, 1980. Pursuant to search warrants issued by the Judicial Magistrate First Class, Keonjhar, searches were conducted at their residences and various articles were seized.
Procedural History
The search warrants were issued on 06.01.2026 by the learned JMFC (Cog. Taking), Keonjhar under Section 96 of the BNSS. Following the searches and seizures, the petitioners approached the Orissa High Court by filing the present Criminal Miscellaneous Petition under Article 226 seeking declaration that the searches and seizures were illegal.
Legal Issues
- Whether the searches and seizures conducted pursuant to warrants issued under Section 96 of the BNSS were illegal or arbitrary.
- Whether seizure of cash, gold, silver ornaments and vehicles could be declared illegal.
- Whether the High Court should interfere with the seizure when statutory remedies were available.
Relevant Statutory Provisions
- Sections 96, 97, 185 and 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Sections 303(2), 317(2), 109, 111(3), 325 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Section 11(1)(d) of the Prevention of Cruelty to Animals Act.
- Section 7(1) of the Orissa Prevention of Cow Slaughter Act, 1980.
Petitioners’ Submissions
