AI Overview...
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Police Authority and Surrender of Arms - The sources indicate that police are generally not authorized to carry arms or surrender them in the Malkhana without proper procedures. For instance, in Jagdamba Singh @ Markandya Singh VS State Of Bihar - Patna, a license was revoked, and the petitioner was directed to deposit the rifle with police or authorized dealers, emphasizing the importance of proper custody. Similarly, in Abdul Mateen VS State of Rajasthan - Rajasthan, seized explosive articles were kept in the Malkhana at Police Station Roopbas, and the accused was directed to surrender himself, highlighting protocols for safe custody and surrender procedures.
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Handling of Seized Articles and Evidence - Several sources highlight issues related to the custody and documentation of seized items. In Mohet Hojai, Son of Shri Thangmai Hojai VS National Investigation Agency, through its Standing Counsel - Gauhati, the absence of proper Malkhana records or examination of the Malkhana-in-charge raises concerns about the safe custody of articles. The failure to prove the proper storage and handling of seized articles can undermine the integrity of evidence.
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Police Interrogation and Custody - Multiple references (Salman Khan VS State of Rajasthan - Rajasthan, Salman Khan VS State of Rajasthan - Rajasthan) mention individuals being taken by police for interrogation and kept at police stations before their statements were recorded. Such practices, especially when not supported by proper documentation or court approval, can raise questions about legality and rights of the accused.
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Judicial View on Investigation and Evidence - Courts have noted procedural lapses, such as defective investigations or failure to seize clothes of witnesses (Dinesh Singh Panwar VS State N. C. T. of Delhi - Delhi), but have often found that these lapses did not prejudice the accused’s case. The importance of adhering to proper procedures in custody and evidence management is underscored to ensure justice.
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Authority to Carry Arms and Surrender - The overarching insight from these sources suggests that police are not authorized to carry arms or surrender them arbitrarily in the Malkhana. Proper legal procedures, documentation, and oversight are essential to maintain the integrity of custody and evidence handling.
Analysis and Conclusion:
The compilation of these sources indicates that police authorities must follow strict protocols regarding the custody, surrender, and handling of arms and evidence. They are generally not authorized to carry arms or surrender them in the Malkhana without proper licensing, documentation, and adherence to legal procedures. Any lapses, such as inadequate record-keeping or improper detention, can compromise the integrity of cases but do not necessarily invalidate evidence if procedural lapses do not prejudice the accused. Ensuring proper authorization and documentation is crucial to uphold justice and prevent misuse of police powers.
Search Results for "Police Not Authorised to Carry Arm and Surrender in Malkhana"
1993 0 Supreme(Pat) 210 • India - Patna
N.K.SINHA, NAGENDRA RAI
was issued a notice by the Deputy Collector-in-Charge, Law Section, Rohtas, asking him to show cause as to why his license should not ... The court relied on the fact that the rules of natural justice are not the ends in themselves, they are means to achieve ends of ... in Malkhana. ... the licence with immediate effect and further directed the petitioner to deposit the rifle with the police or authorised dealers and in case of non-compliance of the said order by the petitioner the Officer-in-charge, Sh....
2014 0 Supreme(Del) 3244 • India - Delhi
PRADEEP NANDRAJOG, MUKTA GUPTA
Fact of the Case: The respondents were apprehended by the police while in possession of a large quantity of arms, ammunition ... Immediately the raiding party asked them to surrender disclosing them their identity. ... Bashir Ahmed took out a cardboard box from his bag and handed over the same to Shahid Gafoor who checked the same after opening when the police team after disclosing their identity asked them to surrender. ... ... (U) Unexplained delay of 16 days in sending exhibits/ parcels from Malkhana#HL_E....
2016 0 Supreme(Del) 401 • India - Delhi
SANJIV KHANNA, R.K.GAUBA
For the same reason, assertion that the two letters should have been sealed and deposited in the Malkhana, which is a challenge to genuineness and authenticity of the two letters, must fail for it is not the appellant’s plea that he was bullied and intimidated to write these letters. ... The court clarified that the letter, although addressed to a police officer, would not be a confession to a police officer under Section 25 of the Evidence Act, for the reason that the police officer w....
2016 0 Supreme(Raj) 985 • India - Rajasthan
NIRMALJIT KAUR
Sometimes, if not quite often, as a consequence of aftermath of such frenzy and emotional outbreak by public, there is immense pressure ... Besides, it was admitted by him that he was taken by the police for interrogation and was kept at Udaimandir Police Station prior to his statement being recorded by the police and also by the court. ... However, Bhanwar Singh did not support the prosecution version in the court and stated that he was kept in police guest house against his will and ....
2016 0 Supreme(Raj) 868 • India - Rajasthan
NIRMALJIT KAUR
even appear in witness box to record his statement as prosecution witness Arun Kumar Yadav, Harish Dulani did not accompany the ... alleged eyewitness Harish Dulani was neither examined nor cross-examined – During trial in pursuance to the present FIR, he did not ... Sonal authorised Lalit Kumar Bora to investigate the case. Surprisingly, M.S. ... Besides, it was admitted by him that he was taken by the police for interrogation and was kept at Udaimandir Police Station prior to his statement being recor....
2009 0 Supreme(Raj) 173 • India - Rajasthan
N.K.JAIN, GUMAN SINGH
No.39/96 registered at Police Station Gandhi Nagar, Jaipur, was given in it. The explosive articles were bulky and it could not have been brought to Jaipur on that day itself from Roopbas (Bharatpur), therefore, the same were kept in 'maalkhana' at Police Station, Roopbas. ... State represented by Inspector of Police. ... He is directed to surrender himself before the trial Court forthwith, failing which the trial court is directed to take necessary steps for his custody and to send hi....
2022 0 Supreme(Cal) 1231 • India - Calcutta
JOYMALYA BAGCHI, ANANYA BANDYOPADHYAY
It held that the appellants could not be convicted of waging war against the State or attempting to wage war, as the prosecution ... The court held that the appellants could not be convicted of waging war against the State or attempting to wage war, but they were ... held that the judicial confessions of three appellants were voluntary and truthful, as they were made before a Magistrate, were not ... Seized articles were handed over to Officer-in-charge Bongaon Police Station, Sanjit Chakraborty (P.W. 12) and kept in the....
2019 0 Supreme(Del) 1558 • India - Delhi
G.S.SISTANI, CHANDER SHEKHAR
The court held that the investigation was defective but that the appellants were not prejudiced by it. ... court held that the failure of the Investigating Officer to seize the clothes of the eye witnesses was a lapse but that it did not ... court rejected the arguments of the appellants that the investigation was defective and that the clothes of the eye witnesses were not ... He also relies on the testimony of DW4 HC Ram Charan, who was working as MHCM on 08.03.1997 to show that after the double barrel gun was surrendered in the #HL_STA....
2023 0 Supreme(Gau) 809 • India - Gauhati
SANDEEP MEHTA, MITALI THAKURIA
offences under Section 16 and 20 of UA(P) Act, which have been found proved against accused Jewel Garlosa and Niranjan Hojai can also not ... Neither the Malkhana In-charge of the Police Station was examined nor was the Malkhana Register proved in evidence. ... Neither any officer of the Basistha Police Station was examined to prove the safe custody of these seized articles/documents nor was any corresponding Malkhana entry proved to establish that the seized articles were kept in safe....
2017 0 Supreme(Guj) 1723 • India - Gujarat
ANANT S.DAVE, G.R.UDHWANI
an admissible piece of evidence and it is not made before police or any statutory authority of investigating agency, as required ... concerned reliance is pleased on decision reported decided on in reliance is placed – Section 145 of Evidence Act – Operation is not ... shall not be remanded to police custody. ... (Para-13/Pg.1196); She also admits that, had not stated before the police as to whether she will be able to identify anyone or not as....
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