Probe By Police Before Lodging FIR Is Illegal: Karnataka HC Quashes Case Against Two Accused Of Illegally Transporting Cattle For Slaughter

The Karnataka High Court has quashed a case registered against two persons accused of illegally transporting cattle for slaughter, who were charged on the basis of a confessional statement given by the co-accused. Justice Hemant Chandangoudar allowed the petition filed by Ismail Jabiulla and another and quashed the case registered against them under Sections 4, 6, 7, 8, and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020, read with provisions of the Transportation of Animals Act and Sections 181 and 177 of the Indian Motor Vehicles Act, 1988, along with Section 149 of the Indian Penal Code, 1860. Observing that “The only evidence against them is the confession statement of co-accused Nos.2 and 5, who have stated that accused Nos.3 and 4 participated in the transportation of cattle for slaughter.” The court opined “It is a well-settled principle that any confession made by an accused while in police custody is inadmissible under Section 25 of the Indian Evidence Act, 1872, unless corroborated by independent material evidence. An accused cannot be subjected to trial solely based on a confession statement.” It emphasised that Section 154 of the Code of Criminal Procedure, 1973 mandates that upon receiving information regarding a cognizable offence, the police must immediately register a First Information Report before proceeding with an investigation or record the information in the station house diary in cases of exigencies apprehending that the offenders may abscond or destroy the evidence.