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2021 Supreme(Del) 991

D. N. PATEL, JYOTI SINGH
Nikhil Borwankar – Appellant
Versus
State (NCT) Of Delhi – Respondent


Advocates appeared:
Satyakam, Advocate, Preet Pal Singh, Advocate, Saurabh Sharma, Advocate, Chetan Sharma, Advocate, Ajay Digpaul, Advocate, Kamal R. Digpaul, Advocate, Amit Gupta, Advocate, Vinay Yadav, Advocate, Akshay Gadeock, Advocate, Sahaj Garg, Advocate

JUDGMENT

D.N. Patel, CJ. - Present Public Interest Litigation has been preferred seeking the following reliefs:-

    "a) Search warrants be issued against advocates only when investigating officer has obtained prior sanction from Director of Prosecutions (DoP) upon the submission of an appropriate standardised proforma by investigating officer, issued as determined by this Honble Court, submitted through an officer not part of the investigation of the rank of Superintendent of Police, after due deliberation thereupon by the DoP; and

    b) Search warrant be issued against advocates only when Court issuing search warrant concludes in writing that alternative methods of obtaining information have been considered by the investigating agency, and that such efforts could compromise the criminal investigation or prosecution, or could result in the obstruction or destruction of evidence, or would otherwise be ineffective; and

    c) Search warrants issued against advocates be executed in terms of S.103 CrPC wherever practicable; and where not practicable, reasons be recorded by the Magistrate in order issuing warrant, along with the appointment of a "privilege team" comprising law enforcement agents unco

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