Karnataka High Court: Police Need Not Wait for Magistrate's Order to conduct Raid

Karnataka High Court: Police Need Not Wait for Magistrate's Order to conduct Raid

The Karnataka High Court (HC) held in the case titled that Gopal Krishna and Ors. v. State of Karnataka that a raid conducted by the Police will not come under the purview of investigation. The HC noted that the raid was conducted after obtaining a search warrant from the Deputy Superintendent of Police (DySP) under Section 81 of the Karnataka Police Act (Act) and held it to be lawful.

The single-judge of the HC Justice HP Sandesh dismissed the petition filed before it for challenging a raid. The Court opined that it is not needed that the police should obtain the Magistrate's permission for conducting a raid when it has information that a grave offence of gambling has been committed

The Court order read "The very contention of the petitioners that conducting the raid itself amounts to an investigation, cannot be accepted for the reason that when the credible information is received with regard to the persons who have indulged in Andar-Bahar, the Police are not expected to wait till they obtain permission from the learned Magistrate, and the permission is required only for the registration of the case."

Issue before the HC

Whether the Police have to seek permission from the Magistrate before conducting the raid?

The factual background of the case is that the petition was filed by nine accused persons, who were charged by the police in February 2020 for illegal gambling. The police had seized Rs. 12,550 in cash and registered a First Information Report (FIR) after obtaining permission from the Magistrate.

The contentions of the petitioners were that the police did not comply with the provisions of Criminal Procedure Code (CrPC) Section 155(2) wherein it is a mandate that the police must secure permission from the Magistrate before conducting the raid and investigation.

The HC after considering the evidence on record and hearing the parties at length concluded that unless the accused shows that prejudice was caused to him because of the police investigation, the trial and conviction will not be vitiated.

Justice Sandesh stated, "The very contention of the petitioners that there is no compliance of Section 155(2) of CrPC, cannot be accepted. Here is a case that the requisition was given to the Magistrate and obtained permission from the Magistrate, the FIR is registered and an investigation is conducted."

The Court further took into consideration the fact that "The Police have filed the charge sheet for the offence punishable under Section 80 of the Karnataka Police Act. The raid was also concluded after obtaining the search warrant as envisaged under Section 81 of the Act and the same is lawful to do so."

According to Section 81(d) of the Act, the police are authorized 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 gaming, which is found therein. Hence, it cannot be said to be unlawful or a violation of any statutory provisions.

Based on the aforesaid observations and considerations of the facts the Court dismissed the petition.