Case Law Details
Dayananda @ R Babu Vs State of Karnataka (Karnataka High Court)
In a significant judgment, the Karnataka High Court has acquitted the accused in a case under the Karnataka Excise Act. The case involved the registration of an FIR solely based on a seizure panchanama.
The case originated from an incident where the Sub-Inspector of Hunsur Excise Range, acting on credible information, intercepted individuals allegedly transporting liquor without proper documentation. The seizure of liquor led to the registration of an FIR. However, the defense argued that the FIR was invalid as it was based solely on the seizure panchanama conducted prior to its registration.
The court delved into the procedural aspects of FIR registration, citing relevant sections of the Cr.P.C. It emphasized the necessity of reducing information relating to a cognizable offense into writing before initiating an investigation. Despite the prosecution’s contention, the court ruled that a seizure panchanama does not suffice as a complaint to warrant FIR registration.
Moreover, the court scrutinized the conduct of the Investigating Officer, highlighting discrepancies in the sequence of events. The timing of the search and seizure, conducted before FIR registration, raised questions regarding procedural adherence. The defense successfully argued that such actions violated established legal principles, rendering the FIR and subsequent proceedings invalid.
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