Orissa High Court Upholds BNSS Search and Seizure: Cash, Gold & Vehicles Retained as Suspected Proceeds of Crime

Case Overview: Sk. Sirajuddin Vs State of Odisha

The Orissa High Court recently adjudicated upon a Criminal Miscellaneous Petition filed by a group of accused persons challenging the legality of searches and seizures carried out at their residential premises pursuant to warrants issued under Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court ultimately declined to interfere with the impugned action, holding the seizures to be legally valid and directing the petitioners toward available statutory remedies.

Background of the Case

Registration of the FIR

The petitioners were arraigned as accused in Daitari P.S. Case No. 107 dated 29.10.2025, registered under Sections 303(2), 317(2), 109, 111(3), 325 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), along with Section 11(1)(d) of the Prevention of Cruelty to Animals Act and Section 7(1) of the Orissa Prevention of Cow Slaughter Act, 1980. The allegations were serious in nature, involving organised criminal activity connected to cattle-related offences.

Issuance of Search Warrants

Subsequent to the registration of the case, search warrants were obtained from the Judicial Magistrate First Class (Cognizance Taking), Keonjhar, on 06.01.2026, under Section 96 of the BNSS. The warrants specifically authorised search of the residential premises of the accused for stolen cattle, stolen vehicles, arms, ammunition, incriminating documents, and other articles connected with the offence.

Execution of Searches

To ensure simultaneous execution across multiple locations, the Investigating Officer constituted fifteen separate teams that proceeded to different destinations spanning districts including Mayurbhanj, Keonjhar, Jajpur, and Bhadrak, among others. The searches yielded the following:

  • From the premises of Sk. Sirajuddin and Sk. Shoaib: Three vehicles worth approximately Rs. 27 lakhs and household articles worth approximately Rs. 51,000/-.
  • From the premises of Mujafar Hosen and Sk. Mojahir Hosen (son of Sk. Rahim): Gold ornaments, silver ornaments, cash amounting to Rs. 3,84,100/-, and vehicles worth approximately **Rs. 16,42,000/-.
  • From the premises of Sk. Allaudin, Sk. Farhan, Sk. Rehan, and Sk. Sarful @ Sk. Sarfuddin: Cash of Rs. 26,00,000/-, three vehicles, gold ornaments weighing 107.66 grams, silver ornaments weighing 1072 grams, and household articles worth approximately Rs. 8,00,000/-.
  • From the premises of Nasir Alli and Sk. Asgar (sons of Sk. Allam Alli): Cash of Rs. 3,23,310/-, four vehicles, and gold and silver ornaments.

While household articles were released back into the custody (zima) of the petitioners, cash, gold ornaments, silver ornaments, and vehicles were retained on account of the accused persons' failure to satisfactorily establish legitimate sources of income for such assets.

The High Court was called upon to decide the following core legal questions: