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.
The judgment underscored the importance of procedural integrity in criminal proceedings. It cautioned against the arbitrary registration of FIRs based solely on preliminary documentation, emphasizing the need for adherence to statutory provisions. By setting aside the conviction and acquitting the accused, the court upheld the principles of justice and fair trial.
FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT
This Criminal Revision Petition is filed by the petitioners, being aggrieved by the judgment of conviction dated 26.12.2015 and order of sentence dated 29.12.2015 in C.C.No.332/2009 on the file of Civil Judge and JMFC, Hunsur and its confirmation judgment and order dated 12.01.2021 in Crl.A.No.12/2016 on the file of VIII Additional District and Sessions Judge, Mysuru, Sitting at Hunsur seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner/accused is convicted for the offences punishable under Sections 32, 34 and 38-A of Karnataka Excise Act (for short ‘K.E.’ Act).
