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SUPREME COURT OF INDIA
S.P. Bharusha, N. Santosh Hegde, Arijit Pasayat, JJ.
M/s. Arya Abhushan Bhandar & Anr. - Appellants
Versus
Union of India & Ors. - Respondents
Civil Appeal No. 4412 of 1999
Decided On : 21-03-2002
Search Warrant - Breach of Natural Justice
Fact of the Case:
The search was conducted in the appellants' shop and house, although the warrant was limited to the shop. The material witnesses, Panchas, were not produced for cross-examination despite being asked for, leading to a breach of natural justice.
Finding of the Court:
The order of the High Court was set aside due to the breach of natural justice. The civil appeal was allowed, and the judgment and order under appeal were set aside. No order as to costs was made.
Issues: Breach of natural justice due to non-production of material witnesses for cross-examination.
Ratio Decidendi: The non-production of material witnesses for cross-examination, despite being asked for, constitutes a breach of natural justice.
Final Decision: The order of the High Court was set aside, and the civil appeal was allowed.
ORDER :
1. An issue raised by the appellants was that the search was conducted both in their shop and in their house and that the search warrant was limited to the shop. The Panchas to the search were, therefore, material witnesses in this behalf. That they were not produced for cross-examination, though asked for, is not disputed. There has, therefore, in our view, clearly been a breach of natural justice. On this count alone, the order of the High Court must be set aside. We are unimpressed by the argument that no prejudice was caused to the appellants by reason of the non-production of the Panchas which, it would appear, was what the High Court seemed to think.
2. The civil appeal is allowed. The judgment and order under appeal is set aside.
3. No order as to costs.
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