( 36 ) THEN, after examining in detail the provision in section 165, the learned Judges observed as follows :

"we have seen that are the requirements of the section which must be complied with before a police officer conducting an investigation could validly institute a search of the nature mentioned in section 165. We have also seen that these provisions must be strictly and substantially complied with. Now let us see on the facts of the present case how far these provisions have been complied with. "thus, the learned Judges held that the provisions of section 165 are mandatory on the ground that they are important safeguards against interference with the rights of a subject by the police, and are conditions which should be fulfilled before a search under section 165 of the Code of Criminal Procedure could be made. All the same, the learned judges stated in the last passage quoted above that the provisions must be strictly and substantially complied with. With great respect to the learned Judges, we have to state that there is a well settled distinction between a mandatory requirement and a directory requirement, namely, while the former has to be fulfilled strictly, the latter may

Click Here to Read the rest of this document