The Karnataka High Court recently held that a raid conducted by the Police will not be considered as an investigation.
Case of the Petitioners
The petitioners claimed that the police should take a prior permission from the Magistrate as stated under Section 155 (2) of the Criminal Procedure Code before conducting the raid and investigation. The petition was filed by nine accused persons, accused in the case of illegal gambling at Senior Citizens Service Centre in February 2020.
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Observation of the Court
The Court after taking into consideration the facts and the rival submissions observed that accused is able to show that that prejudice was cause to him due to the police investigation, the trial and conviction cannot be intervened with.
“In the case on hand, the FIR is registered subsequent to conducting of raid and prior to registration of FIR, permission is obtained from the Magistrate on 23.02.2020 vide separate order dated 24.02.2020. Unless the accused is able to show that prejudice is caused to him because of the police investigation without the order of the Magistrate, the trial and conviction cannot be vitiated”.
It was further observed that the raid was conducted after obtaining a search warrant from the Deputy Superintendent of Police under Section 81 of the Karnataka Police Act.
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“Section 81(d) of the Karnataka Police Act authorizes to seize all instruments of gaming and all money and securities for money and articles of value, which are reasonably suspected to have been used as, intended to be used for the purpose of gambling, which is found therein”.
It was noted that the police is not expected to seek permission from the Magistrate before conducting the raid.
“The question that would arise before this Court is weather the Police have to seek for permission from the learned Magistrate before conducting the raid. The very contention of the petitioners that conducting raid itself amounts to an investigation, cannot be accepted for the reason that when the credible information is received with regard to the person who have indulged in Andar- Bahar, the Police are not expected to wait till they obtain permission from the learned Magistrate, and the permission from the learned Magistrate, and the permission is only required for registration of the case” the order read.
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Case Details
Before: Karnataka High Court
Case Title: Gopal Krishna and ors vs. State of Karnataka
Coram: Hon’ble Mr. Justice HP Sandesh
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