Bombay High Court
R.D.Makwana
Versus
State of Maharashtra
Decided On:

Headnote:Sections 55 and 53-Seized articles-Custody of.

       Where raid was conducted by specialised authority such as Narcotic Control Beorean. Customs. Central Excise etc., they could retain contraband in safe custody at their own headquarters.

       Sections 42 and 43-Offence-Ioforrnation of.

       Authority receiving it desirable to record it-But no compulsion whatsoever cast by law on such written noting.

       Sections 42 to 56-Provisions of directory but not mandatory-Proceedings not can be vitiated as evidence credible, cogent and breach not serious.

       Section 50-Body search-Section 50 applies to cases of.

       When recovery of contraband made from bag in hand of accused, Section 50 has no application.

       Section 50-Person-Search of.

       Conducting of search in presence of Gazetted Officer participated in raiding party constitute due compliance with provisions of Section 50.

       Section 51-Criminal Procedure Code, 1973, Sections 100, 340 and 344 - Panch witness-False evidence given by-Appropriate action to be taken by trial courts including prosecution for perjury-Courts to take action also against accused and other abetting persons for such corrupt practice.

       Section 22-Fine-Quantnm of -Double of market value of-Contraband substantial be proper.

       For Citation : 1994 Cr LJ 1987 (Bom)