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Joshine Antony vs. Smt. Asifa Sultana & Ors.

Not available · 2024 INSC 144Decided 20 Feb 2024
Not available
Justice Abhay S. Oka · Justice Ujjal Bhuyan

Background

The appellant, an Honorary Animal Welfare Officer, complained to a Veterinary Department official that a large quantity of cow meat was being illegally stored in a godown belonging to the respondents. An FIR was registered, initially under IPC provisions and later also under the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, after a DNA test on a seized meat sample allegedly confirmed it was cow meat. The Karnataka High Court quashed the FIR before investigation could conclude, prompting the complainant's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court examined who had actually collected the meat sample and found it was the Assistant Director of the Veterinary Department, not a police officer. Under Section 10 of the 1964 Act, such an authorised officer's power was strictly limited to entering and inspecting premises. It did not extend to seizing or collecting samples. Since the sample that formed the entire basis of the DNA evidence was collected without legal authority, the Court held the collection was illegal and the resulting evidence was tainted. Agreeing with the High Court's reasoning, the Supreme Court found no error in the quashing of the FIR and dismissed the appeal.

Lesson Learnt

Evidence gathered by an official acting outside the specific powers granted to them by law, even with good intentions, can be legally worthless, and a prosecution built on such improperly collected evidence cannot survive.

Official source (sci.gov.in)View Judgment (PDF)

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