- 1 - NC: 2025:KHC:12775 CRL.P No. 1014 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1014 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MOHAMMED KAMALUDDIN S/O T. USMAN, AGED ABOUT 29 YEARS, R/AT SHANTIRAJ COLONY, PUCHEMOGARU VILLAGE, MOODABDIRE POST, MANGALURU CITY, D K DISTRICT 574 237. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAJPE POLICE STATION, REPBY SPP, HIGH COURT BUILDING, BANGALORE 560 001. 2. RAMA POOJARY, ASI, BAJPE POLICE STATION, MANGALURU CITY, D K DISTRICT 574 142. …RESPONDENTS (BY SRI. LAKSHMANA B., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12775 CRL.P No. 1014 of 2025 NO.345/2024 ON THE FILE OF JMFC (VI COURT), MANGALORE, D.K FOR THE OFFENCE PUNISHABLE UNDER SECTION 4, 5, 12 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PRESERVATION ACT OF BAJPE POLICE STATION, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused, who has been charge-sheeted for offences punishable under Sections 4, 5, and 12 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 2020, is before this Court seeking relief. 2. The prosecution alleges that on 26.03.2023, while the complainant was working as an Assistant Sub-Inspector (ASI) and his staff were patrolling, they noticed the petitioner riding a motorcycle from the Moodbidre side with a white plastic gunny bag placed on the front of the scooter. When the complainant instructed him to stop, the accused attempted to escape. Upon interception and further enquiry, it was discovered that the petitioner was unlawfully carrying 20 kg of beef. The accused allegedly stated that he had purchased the beef from accused No. 2, who had slaughtered cattle and sold the meat to him, and that he was transporting it for sale in Wamanjur. - 3 - NC: 2025:KHC:12775 CRL.P No. 1014 of 2025 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. The offences alleged against the petitioner are cognizable. Section 8 of the Act, 2020, deals with the power of search and seizure and states that if a police officer not below the rank of a Sub-Inspector, or any competent authority, has reason to believe that an offence under the Act has been committed, they have the power to inspect cattle, premises, and any materials used or intended to be used in the commission of such an offence. 5. In the instant case, the Assistant Sub-Inspector— who is of a rank inferior to a Sub-Inspector—conducted the search and seizure of the beef allegedly being transported by the petitioner/accused No. 1. 6. Since the offences alleged against the petitioner are cognizable, the police ought to have registered the FIR or recorded the information in the Station House Diary before proceeding with the search and seizure. 7. However, in this instance, the search and seizure were conducted before the FIR was registered or the information was recorded in writing in the Station House Diary. 8. In view of these circumstances, the search and seizure carried out by the Assistant Sub-Inspector—who is neither a competent authority under Section 8 of the Act nor of - 4 - NC: 2025:KHC:12775 CRL.P No. 1014 of 2025 the requisite rank—along with the subsequent FIR registration and cognizance of the offence, is vitiated due to non- compliance with the mandatory provisions of Section 8 of the Act and Section 154 of the Cr.P.C. Consequently, the continuation of the criminal proceedings would be an abuse of the process of law. ORDER i. Accordingly, petition is allowed. The impugned proceedings in C.C.No.345/2024 on the file of JMFC (VI Court), Mangaluru D.K. insofar it relates to accused No.1 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 14