Legal News of the Day.

Karnataka HC: Registration of FIR not required on secret information about a crime

which is about to occur.


The court observed while dismissing the bail applications of few persons accused under the

Narcotic Drugs and Psychotropic Substances Act, 1985 that the ratio laid down in the judgement

of Lalita Kumari vs Government of Uttar Pradesh and Others [(2014) 2 SCC 1], which states that

a station house officer on receiving information disclosing a cognizable offence is bound to

register an FIR, will not apply in cases wherein an officer receives secret information about a

crime which is yet to occur.


In this case accused were arrested by the police under sections 8(c), 22(b) and 22(c) of Narcotic

Drugs and Psychotropic Substances Act, 1985. While seeking bail from the court their counsel

had submitted that the seizure panchanama prepared by the police without registration of FIR

was illegal. The Court observed that in the case of Lalita Kumari the station house officer had

received an information about a crime which had already been committed but in the present case

the officer had received an information about a crime which was going to be committed. As per

the prosecution case, the Police Inspector received credible information that about six persons

living in a house bearing No. 65, Kapila Cross Road, Behind Maruthi Dental College, Vinayaka

Layout, Hulimavu, were possessing narcotic substances such as ganja, MDMA, ecstasy tablets

and LSD strips and they were about to sell those substances. The court said that when the police

receive such an information their first priority should be to arrest the accused and collect the

evidence.


The court dismissed the petitions by "In these petitions, there are prima facie materials against

the petitioner, section 37 of the NDPS Act is very much attracted. Therefore, the petitions are

dismissed."

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