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january 1979

Supreme Court of India · 1979-01-24

K. L. SUBBAYYA vs STATE OF KARNATAKA

Citation / case number
SC 1974/60264
Court
Supreme Court of India
Petitioner
K. L. SUBBAYYA
Respondent
STATE OF KARNATAKA
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court held that the search conducted by the Excise Inspector was unlawful as it did not comply with the provisions of Section 54 of the Mysore Excise Act, which requires a record of grounds for belief before conducting a search without a warrant. The Court emphasized that the lack of jurisdiction in the search invalidated the conviction under Section 34 of the Act. Consequently, the Court overturned the conviction and sentence imposed by the Karnataka High Court.

K. L. SUBBAYYA vs STATE OF KARNATAKA · Niyam