VidhiSangh

Supreme Court of India · 12/09/2025

ITC LIMITED versus STATE OF KARNATAKA & ANR.

[2025] 9 S.C.R. 764 · 2025 INSC 1111

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Summary

The Supreme Court quashed the search of ITC's warehouse and seizure of 7,600 cartons of exercise books under Section 15 of the Legal Metrology Act, 2009, holding that Section 15 requires recorded reasons to believe and, through Section 15(4), compliance with the Cr.P.C. search provisions including a warrant or Section 165 reasons and two independent witnesses under Section 100(4), irrespective of whether the business premises were open or closed. The Single Judge's order quashing the seizure and compounding notices was restored.

Issues

  1. Whether a search, inspection and seizure under Section 15 of the Legal Metrology Act, 2009 can be made without a warrant or recorded reasons to believe.
  2. Whether Section 100 Cr.P.C. applies only to closed premises, so that an open commercial warehouse could be searched without its safeguards.
  3. Whether the presence of the inspecting officer's driver as the sole witness satisfied Section 100(4) Cr.P.C.
  4. Whether the seizure and the simultaneous compounding notice were sustainable and the writ petition under Article 226 maintainable.

Provisions considered

Held

Result

Appeal against the writ appeal judgment allowed; the Division Bench judgment and the seizure and compounding notices quashed and the Single Judge's order restored; the appeal against dismissal of the review petition disposed of as needing no further orders; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 764.