Writ challenge to magistrate-authorised search and seizure fails where alleged illegality does not, by itself, invalidate the seizure.
A search and seizure carried out under a magistrate-issued warrant is not ordinarily amenable to challenge in writ jurisdiction under Article 226. The Court noted that the petitioners did not assail the warrant before the competent court, and that objections concerning the legality of the search or compliance with criminal procedure are for the criminal court to examine. An alleged illegality in the search does not, by itself, invalidate the seizure or justify collateral writ interference. The writ petition was therefore not maintainable and the challenge to the search and seizure failed.
Issues: Whether the writ petition under Article 226 was maintainable to challenge searches and seizures conducted pursuant to a search warrant issued by the Magistrate, and whether such search and seizure could be quashed on the ground of illegality or lack of jurisdiction.
Analysis: The premises were searched only after the Judicial Magistrate had issued search warrants on an application made in the course of investigation. The petitioners did not challenge that order before the competent court, though their grievance was essentially against the search carried out in execution of that warrant. The legal position noticed by the Court was that a search made under judicial authority is not ordinarily open to challenge in writ proceedings on the ground that the search was illegal, and that even an illegal search does not, by itself, invalidate the seizure. The Court also noted that questions regarding compliance with the procedural requirements of the criminal procedure law are matters for the competent criminal court and not a basis for collateral writ interference.
Conclusion: The writ petition was not maintainable and the challenge to the search and seizure failed.
Final Conclusion: The Court declined to interfere with the investigation and refused to entertain the writ petition, leaving the petitioners without relief in these proceedings.
Ratio Decidendi: A writ petition will not lie to quash a search and seizure carried out under a magistrate-issued warrant, and an alleged illegality in the search does not, by itself, nullify the seizure.
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