Ajoy Krishna Sarkar vs S. G. Bose - 1928 Supreme(Cal) 461

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1928 Supreme(Cal) 461

MUKERJI, GRAHAM
Ajoy Krishna Sarkar – Appellant
Versus
S. G. Bose – Respondent

JUDGMENT

Mukerji, J. - This rule has been issued to show cause why two orders passed on 10th September 1928 and the other on 13th September 1928 by the Chief Presidency Magistrate should not be set aside. By the former, he ordered a search warrant to issue for certain documents and by the latter he allowed inspection thereof to the complainant, who is the opposite party in this rule.

2. The validity of these orders is challenged in this rule mainly upon two grounds, one questioning its legality and the other its propriety.

3. The legality of the orders would depend primarily on the question whether Section 96, Criminal P. C would warrant the issue of the search warrant in this particular case. Now the documents in respect of which the search warrant was asked for were " challans, counterfoil books, bill books and account books for 1927 " of the from of Messrs. Sarkar Brothers, the petitioners. What was seized in execution of the warrant were

2 Account books. 2 Challan counterfoil books, 1 Second part of Challan. 2 Challans with 2nd and 3rd parts, 1 Bill book and 1 Challan, all of Messrs. Sarkar Bros. : vide petition of motion, para. 10.

4. It is not complained that what was seized was

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