Bengaluru: Karnataka high court has held that an investigative operation conducted by Maharashtra police against two pan masala trading entities in Tumakuru was unsustainable, as it was carried out without coordination with jurisdictional police and without establishing compliance with constitutional and statutory safeguards.
Examining the provisions of BNS, particularly Section 179, which deals with a police officer’s power to require the attendance of witnesses, the court noted that the petitioners’ business in Tumakuru was outside the jurisdiction of Vadagaon police. Partly allowing petitions filed by Shiva Enterprises and Siddhi Agencies, along with their partners, Justice Suraj Govindaraj ruled that statements recorded from the petitioners during the operation, in the absence of jurisdictional police, could not be treated as lawful. The case originated after an FIR was registered at Vadagaon police station in Maharashtra for alleged offences under Food Safety and Standards Act andBharatiya Nyaya Sanhita. Officers from the police station visited the two entities in Tumakuru as part of their investigation. They took away documents, including ledger books, and directed the partners to appear before Vadagaon police. The petitioners contended that the actions were undertaken without the involvement of local police. However, the court declined to grant a blanket restraint against Maharashtra police contacting the petitioners or interfering with their business, beyond the specific directions issued. It also rejected their plea to quash the FIR or the investigation in its entirety.