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1 - 3 of 3 (0.19 seconds)K. L. Subbayya vs State Of Karnataka on 24 January, 1979
The petitioner primarily questions the validity of the criminal
proceedings launched against him on the ground of non-compliance with the
procedure contemplated under Section 55 of the A.P. Excise Act. As can be
seen from the record, no reasons are recorded by the police officials, who
conducted raid as to why a search warrant was not obtained from the
competent authority before conducting search of the premises where the
liquor bottles are found. Therefore, there is clear violation of Section 55 of the
A.P. Excise Act. Learned counsel for the petitioner also relied on the decision of
the Apex Court in the case of K.L.Subbayya Vs. State of Karnataka reported in
(1979) 2 SCC P 115, wherein it is held that when the search is conducted by an
officer without prior recording of the grounds for his belief that an offence
under the Act was likely or being committed, it is illegal.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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