Supreme Court: Recording Of Reasons Is Mandatory for Search Without Warrant Under Special Enactments
- Lawttorney.ai
- 2 days ago
- 3 min read
Case Name: NIA v. Yasin Malik.
Introduction:
In this present case, the Supreme Court said that whenever officials carry out a search without a warrant under any special law (like the GST Act, Customs Act, Income Tax Act, etc.), they must record their reasons in writing. The Court said as per Section 165 of the Criminal Procedure Code (now Section 185 of the BNSS). This rule is meant to prevent misuse of power and protect people’s rights. Acting under special laws, officers cannot skip this step unless the law clearly says otherwise.
Background
A well-known company, ITC Limited, which sold stationery goods like notebooks, pens, and pencils in the brand called Classmate, On July 2, 2020, inspected by government officers and under the Legal Metrology Act, 2009 at ITC's premises in Nelamangala, Bengaluru.
At time of the inspection, the authority confiscated around 7,600 packages of Classmate notebooks. They alleged that ITC had violated certain packaging rules (specifically, Rule 24(a) of the Legal Metrology (Packaged Commodities) Rules, 2011), which could cause penalties under the Act.
On the same day, ITC was given a Confiscated notice and a compounding notice (which gives an option to pay a fine to avoid prosecution).
Though ITC challenged this action, saying:
The authorities did not have a search warrant,
And they do not follow the proper legal process under the Criminal Procedure Code, particularly Sections 100(4) and 165, which need certain Measures during searches and seizures. Therefore, ITC filed a writ petition in the Karnataka High Court asking:
For the Confiscated and compounding notices to be cancelled,
And for the Confiscated products to be returned.
Supreme Court Insight into Search Without Warrant
The Apex Court held that when a search without warrant is conducted under a special law, it is compulsory to record a written reason explaining why the search is necessary. These reasons must be based on appropriate information and demonstrate a clear application of mind, either through personal insight or reliable third-party input. A search cannot be justified on guesswork, suspicion, or vague assumptions.
The Court further emphasized that the authority carrying out the search and confiscation of goods must document the reasons for such confiscation in writing, clearly presenting the facts that justify the action. This ensures transparency, accountability, and adherence to legal safeguards when staffing authorities undertake searches under special laws.
Justice J.B. Pardiwala and Justice R. Mahadevan Bench observed.
Section 15(1) requires that an authority must have reason to assume that an offence has occurred or may happen, and that significant evidence is present at the place before conducting an inspection, search, or seizure.
Closed property means places not open to the public without the owner’s permission. There's a Distinction in places with limited public access and fully public places.
Merely because a place is open and accessible for a visit, it does not mean officers can skip the legal steps; they must follow proper procedure and cannot trespass without a warrant or recorded reasons.
Inspection includes checking books, records, or documents for legal compliance, done after Permission and recording reasons. The concept of Search is broader, it gives permission to officers to look everywhere for hidden materials which may prove an offence and can be seized.
The Court further concluded that the procedure followed was illegal due to below reasons
A search warrant was not obtained.
No reasons recorded for the search, inspection, or seizure.
The mandatory safeguards under the Legal Metrology Act and Sections 165, 100(4), and 100(5) of CrPC were ignored and violated.
And no evidence found to prove that the situation was so urgent that a warrant could be skipped.
Conclusion:
The Apex Court directed that any search or confiscation under special laws without a warrant must comply with legal provisions, including recording proper reasons based on Reliable information. Officers are not allowed to enter a location without the required authorization or act based only on suspicion. The entire procedure becomes illegal and unsustainable if these requirements are not met.
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