Case Note & Summary
The dispute arose from two writ petitions filed by partnership firms engaged in the trading of pan masala and chewing tobacco, seeking protection against harassment by the Vadgaon Police Station in Maharashtra. The petitioners contended that they were being investigated under Crime No. 446/2025 for alleged violations of the Food Safety and Standards Act, 2006, and the Bharatiya Nyaya Sanhita, 2023, despite not being named in the FIR. The police had intercepted a truck transporting their products and subsequently issued notices requiring the petitioners to appear for questioning. The petitioners argued that the Maharashtra police lacked jurisdiction to investigate matters occurring in Karnataka without the local police's consent. The court analyzed the legal framework governing police jurisdiction, referencing constitutional provisions and relevant case law. It concluded that the Vadgaon Police acted beyond their authority, as they did not follow the required procedures for inter-state investigations. The court issued a mandamus directing the Maharashtra police to refrain from interfering with the petitioners' lawful business activities in Karnataka without proper jurisdictional authority.
Headnote
A) Constitutional Law - Jurisdiction of Police - Territorial Limits of Police Authority - Constitution of India, Articles 226, 227 - The court held that police from one state cannot exercise jurisdiction in another state without consent, emphasizing the need for local police involvement in investigations. The actions of the Vadgaon Police were deemed ultra vires as they lacked territorial jurisdiction over the petitioners' business in Karnataka (Paras 13.3-13.21).
Issue of Consideration
Whether the Vadgaon Police Station, Maharashtra, had the jurisdiction to investigate and issue notices to the petitioners operating in Karnataka.
Final Decision
The court held that the Vadgaon Police Station lacked jurisdiction to investigate the petitioners' business activities in Karnataka and issued a mandamus directing them to refrain from such actions without proper authority.
Law Points
- jurisdiction
- police powers
- investigation procedures
- territorial limits
- Food Safety and Standards Act
- 2006
- Bharatiya Nyaya Sanhita
- 2023
