AI Overview...
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Sealing at the Spot - Multiple sources highlight doubts about the mandatory sealing of seized articles at the scene. Some cases indicate that sealing was not done or not properly documented, raising concerns about the integrity and tampering of evidence (02200005924, 00500008528, 01700031016, 02700027951).
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Procedural Requirements - The law prescribes specific procedures for sealing and sampling, including sealing in presence of witnesses and proper documentation (00800050922, 02700011227). Failure to follow these procedures compromises the evidence's credibility.
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Custody and Storage - Proper custody of seized articles with the Officer-in-Charge and maintaining chain of custody are crucial. Lack of proper custody or tampering raises doubts about the authenticity of the evidence (02200005924, 00400034277, 02700011227).
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Evidence and Verification - The absence of sealing evidence, or failure to record sealing at the spot, weakens the prosecution's case. Courts emphasize the need for proof that the seized article was actually the contraband and properly sealed from the scene (02500048203, 01400031573).
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Impact on Case Credibility - Non-compliance with sealing procedures, or lack of evidence regarding sealing, can lead to doubts about the integrity of seized evidence, potentially resulting in acquittal or benefit of doubt for the accused (01400031573, 00400034277).
Analysis and Conclusion:
Proper sealing of seized articles at the scene is essential to establish the integrity and authenticity of evidence. Courts consistently stress adherence to legal protocols, including sealing in presence of witnesses and maintaining chain of custody. Failure to do so undermines prosecution cases and can be grounds for doubt regarding the evidence's credibility. Therefore, not sealing seized articles at the spot significantly weakens the case against the accused and emphasizes the importance of procedural compliance in evidence handling.
Search Results for "Not Sealing of Seized Article at Spot"
1994 0 Supreme(Ori) 70 • India - Orissa
D.M.PATNAIK
sealing and custody of the seized article – Prosecution case about sealing at the spot becomes doubtful - It also creates a doubt ... the mandatory provisions of Section SS that the seized article must be kept with the Officer-in-Charge of the police station to ... as to whether the substances seized in fact was the substance which was sent for chemical examination - No material to hold that ... The other articles except the contrab....
• India - Crimes
D.M.PATNAIK
sealing and custody of the seized article – Prosecution case about sealing at the spot becomes doubtful - It also creates a doubt ... the mandatory provisions of Section SS that the seized article must be kept with the Officer-in-Charge of the police station to ... as to whether the substances seized in fact was the substance which was sent for chemical examination - No material to hold that ... But astonishingly he did not say anyt....
2011 0 Supreme(Raj) 2573 • India - Rajasthan
NISHA GUPTA
The recovered Art. seized and remained intact up to reaching of laboratory. ... Key and lock otherwise are not directly connected with the seizure of the contraband article. Hence, there sealing at the spot was not necessary. Same argument has been advanced in relation to the seized iron box and iron tin. ... The next contention of the present appellant is that the samples of contraband have not been seized at the spot#HL....
2022 0 Supreme(Pat) 56 • India - Patna
ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
terms of Clause 1.5 of Standing Instruction – Non-sealing of seized packets and not collecting samples at initial stage of seizure ... sealed seized article at place of seizure or any time thereafter in terms of Clause 1.4 of Standing Instruction No. 1 of 1988 – ... There is also no evidence to suggest that any sample from seized packets was drawn on spot of recovery in presence of appellant in ... Act prescribes the detailed procedure for sampling, sealing#....
2014 0 Supreme(MP) 686 • India - Madhya Pradesh
AJIT SINGH, N.K.GUPTA
Similarly, the witness Jahid @ Munna (PW-9) confirms the seizure of bottle seized from the spot but does not state anything about its sealing. ... In that respect, Ramesh Pal was the complainant himself who states for seizure of the article, but he did not state a single word about the sealing of the articles. ... His clothes were seized and all the seized articles were sent to the Forensic Scienc....
2005 0 Supreme(All) 488 • India - Allahabad
UMESHWAR PANDEY
Ratio Decidendi: The court emphasized the prosecution's duty to prove that the recovered article was actually a contraband ... The court highlighted the requirement for the prosecution to prove that the recovered article was actually a contraband and the importance ... The appellant was ordered to be released forthwith if not wanted in any other case. ... But since there is no other substantive evidence about the seized articles having been sealed on the spot, the statement of PW 2 w....
2021 0 Supreme(Gau) 723 • India - Gauhati
regarding guilt of accused, benefit of such doubt should go in favor of accused – Court find that charge framed against appellants has not ... The prosecution was also required to produce the concerned Malkhana Register to show that the seized article was not tampered with. ... He submits that the packing and sealing of the seized ammunition was also not done in front of independent civilian witnesses. Therefore, the same amounts to a serious infirmity since the possi....
2010 0 Supreme(Bom) 1333 • India - Bombay
D.D.SINHA, A.R.JOSHI
The appellant denied the charges and raised issues regarding the sealing of evidence and the procedure followed by the Investigating ... Issues: The issues raised included the reliability of the circumstantial evidence, the sealing of evidence, and the procedural ... The non-observance of certain procedural requirements did not affect the credibility of the evidence. ... not amount to sealing of that article in order to rule out the possibility of tampering. ... It is further contende....
2002 0 Supreme(MP) 1014 • India - Madhya Pradesh
S.L.KOCHAR
Therefore, his statement does not get corroboration regarding sealing the seized article from the possession of the appellant No. 2 Raees Khan on the spot. ... ( 11. ) THE prosecution has not examined the Constable who had taken the article for Chemical Examination. ... The burden is on the prosecution to establish that the seized article was properly sealed and kept in proper custody till it is reached to the laboratory for analysi....
2009 0 Supreme(Bom) 1414 • India - Bombay
N.A.BRITTO
article contained any other substance - Held In absence of any cross-examination it is not permissible to mince words and conclude ... applicable - Seized items found in bag - Evidence of witnesses found convincing - Accepted in support of case - Accused did not ... article contained any other substance, for it to be called a mixture or any other neutral substance and therefore in the absence ... The second aspect is as regards the custody of the seized article and it....
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