Karnataka High Court stays FIR against private drone development firm; seeks explanation from police inspector

The High Court of Karnataka on Friday directed a police inspector to explain his conduct of not giving a copy of the First Information Report (FIR) and making officials of a private firm, engaged in research, development and testing of drone and unmanned aerial vehicles, to sit in the police station for over six hours and demanding the company’s financial and other details.

The court also stayed the investigation based on the FIR registered suo motu by the Doddaballapur Rural police on January 29 against unknown persons initially and notices issued to the officials of the company on January 30. The FIR was registered under Sections 125 (an act endangering life or personal safety of others) and 329(3) (criminal trespass) of the Bharatiya Nyaya Sanhita.

Justice M. Nagaprasanna passed the interim order on the petition filed by Bengaluru-based Newspace Research and Technologies, which supplies drones to Indian armed forces and has its testing centre on a leased land spread over 48 acres in Doddaballapur.

It has been stated in the petition that a lightweight research drone belonging to the company suffered a battery malfunction during routine test and glided beyond the boundary of its premises and landed smoothly in a neighbouring property on June 29. However, the company did not take up search activity as it was dark.

Suo motu FIR

Later, a police constable, based on an alert received through police control room, came to the spot and took the drone to the police station and then the FIR was registered against unknown persons on the same day. However, on January 30 the notice was served on the company officials.

The officials pointed out to the police inspector that the company is a licensed drone research and testing agency under the control of Director General of Civil Aviation, its testing are legally permitted activity under Drones Rules, 2021 and other laws, besides explaining the circumstance under which it glided away from its boundary and landed on neighbouring property.

However, police inspector Sadiq Pasha refused to give a copy of the FIR and wanted the managing director of the company to come to the police station and provide details of number of employees working, turnover, revenue, etc., and made the officials sit in the station for about six hours. Finally, the copy of FIR was provided after company’s legal adviser said that they would be compelled to complaint to the Lokayukta.