Order

Delay condoned.

Leave granted.

1. One of the questions which arises for consideration in this appeal is as to whether Shri Lal Chand No. 8 I.O. P.P.Pandoh(P.W.10) was bound to make the accused-appellant aware that he had also a right to be searched before a Magistrate or a gazetted Officer.

2. In State of Punjab Vs. Baldev Singh,1 (1999) 6 SCC 172, a Constitution Bench of this Court has clearly held that the accused has a right to be made aware thereof. Having regard to the Miranda clause as enunciated by the Supreme Court of the United States of America in Miranda Vs. Arizona,2 384 US 436, the Constitution Bench held that, although, such communication itself may not necessarily be made in writing but as far as possible such communication should be made in the presence of some independent and respectable persons witnessing the arrest and search.

It was opined:

“57. On the basis of the reasoning and discussion above, the following conclusions arise:

(1) That when an empowered officer or a duly authorised officer acting on prior information is about to search a person, it is imperative for him to inform the person concerned of his right under sub-section (1) of Section 50 of being tak