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sreenath cochin (advocate)     08 February 2010

crpc-search procedure

a judicial magistrate other than a chief judicial magistrate issued a search warrant under sec 93 of the code of crpc for a parcel in the custody of the postal authorities.certain incriminating materials against accused were recovered as a result of search.at the trial of the accused it was contended that the non compliance of search procedure vitiated the trial.pls giv a decision



 2 Replies


(Guest)

 

IN THE SUPREME COURT OF INDIA
 
Spl. Leave Petn. (Crl.) No. 1698 of 1990 etc.
 
Decided On: 01.03.1994
 
Appellants: State of Punjab
Vs.
Respondent:Balbir Singh
if warrant is issued by magistrate who is not empowered by Act then search and arrest made will be illegal - search and seizure made by officer who is not empowered by Act is also illegal - non compliance with mandatory provisions would affect prosecution case and vitiate trial
2 Like

sreenath cochin (advocate)     11 February 2010

thnx


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