...witnesses, as per the requirement of Section 100(4) of Code of Criminal Procedure. Procedure under Section 100(4) Cr.P.C and Clause 2...of Section 100(4) Cr.P.C and Clause 28(2) of the Control Order,iv) The company itself having not been impleaded, the employees could not be prosecuted.v) Sample was taken..., considering the fact of not joining of independent witnesses as required under Section 100(4) Cr.P.C, Hon'ble Supreme Court observed :“29. If there is intrinsic merit...

...brought on the record because there is violation of the provisions of section 100(4) of the code of criminal procedure and on this short groun...the accused, no independent witness of the locality as is required under section 100(4) of the code of criminal procedure was associated by the police ...reason is coming forth in not complying with the provisions of section 100(4) of the code of criminal procedure. The reasons recorded by the learned Ad...

...with the provisions of Section 100(4) of Code of Criminal Procedure, 1973. Even then they have not supported him. Mohan Nanda (PW-3) has clearly stated...K.S. Chauhan, J.— This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred being aggrieved by judgment dated 30.06.1995...under Section. 20 of the Act, 1985. He denied the guilt and claimed to be tried mainly contending that he is innocent and has been falsely implicated. Prosecution examined as many as 4 witnesses but...

...Section 100(4) of Code of Criminal Procedure. Procedure under Section 100(4) Criminal Procedure Code and Clause 28(...1251, considering the fact of not joining of independent witnesses as required under Section 100(4) Criminal Procedure Code, Hon'ble Supreme Court obse...Rameshwar Singh Malik, J. (Oral):— These two identical petitions filed by the accused under Section 482 of the Code of Criminal Procedure (‘Cr.P.C’ for short), for quashing the same...

...established the actual and conscious possession of the contraband and that there is violation of Section 165(5) and Section 100(4) of the Code of Criminal Procedure on a...submission made by the learned counsel that there is violation of Sections 165(5) and 100(4) of the Code of Criminal Procedure cannot be countenanced. Possession in fact is manif...judgment of the first appellate court the appellant preferred a revision before the High Court which dismissed the revision in limine. Hence this present appeal.4. The learned...

...section 100(4) of Code of Criminal Procedure. The prosecution agency should have joined some independent witnesses from the nearby places in order to give sanctity to the search ....15. The submission regarding non-compliance of provisions of section 100(4) Cr.P.C also has no weight. In the instant case, the recovery is effect in the...counsel for the appellant is also negatived.17. The provisions of section 100(4) Cr.P.C were also considered by Division Bench of this Court in Karnail...

...learned counsel for the petitioner. Section 100(4) of the Code of criminal Procedure, 1973, is to the following effect :- "Before making a sear...situated. The essential ingredient of Section 100(4) of the Code of criminal Procedure is the joining of two independent and respectable witne...do." According to the afore-quoted provision of the Code of Criminal Procedure, joining of two independent witnesses from the locality is a pre-requisite before conducting raid in...

...of Section 100(4) of the Code of Criminal Procedure, which is prima-facie wrong and incorrect finding because the recovery is from open place, thus..., provision of Section 100(4) Cr.P.C is not attracted.3. However, without going into further merits of the case, the stuff recovered from the possession of the acc....4. An authenticated copy of this order be supplied to the learned counsel for the respondents.”2. However, on the adjourned date of hearing (8.5.2012) on the statement of the learned...

..., violating the provisions of section 100(4) of the Code of Criminal Procedure. There is evidence to the effect that the Investigating Officer sent a c...section 4 of the Probation of Offenders Act, 1958, in the sum of Rs. 5,000/- with two sureties of the like amount, binding...M.M Punchhi, J. (Oral):— Learned counsel for petitioners initially made a feeble attempt to challenge the conviction of the petitioners, who are father and son, on the ground that despite...

...of section 100 (4) of the code of criminal procedure is to ensure an honest and genuine search and to prevent trickery by planting the incriminating article (s) to be fo...and investigation of the offences thereunder, section 51 of the said act, provides that the provisions of the code of criminal procedure, 1973 (hereafter referred to as the code)...code insofar they are consistent of the provisions of the act, will apply to the searches conducted under the act. (8) Sub - sections (3) , (4) and (5) of section 100 ...

...the mandatory provisions of Ss. 100(4) and 165(1) of the Code of Criminal Procedure, inasmuch as, the investigation officer had failed to join two independent witnesses during th.... Usha, ILR (1989) Him Pra 190.9. The provisions of Section 100(4) of the Code of Criminal Procedure have been...-2 to be not independent witnesses.13. Even otherwise, failure to comply with the provisions of Section 100(4), Code of Criminal Procedure will ...

...the village while raiding the house of the appellant. It is provided in section 100 (4) of the code of criminal procedure that before making a house se...possession of the bombs is a very serious offence and it was incumbent upon the sub - inspector to have joined independent witnesses in compliance with section 100 (4) of the ...assistant sub - inspector tehal singh. Diwan chand was given up. The appellant, when questioned under section 313, code of criminal procedure, denied the recovery of bombs from h...

...Section 100(4) of the Code of Criminal Procedure had not been complied with.4. We have heard the learned Additional Advocate General and gone through the ...offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, have been acquitted.2.... Case of the prosecution is that on 15th November, 1993 around 8 a.m, ASI Rahul Sharma (PW-6), Incharge Police Post Rajgarh, received information that the respondents had engaged themselves in...

...of the victim were discovered. There is no infirmity on this score. We are also satisfied that the requisite provisions of Section 100(4) of Code of Criminal Procedure, ....24. Further the accused was categorically confronted under section 313 of Code of Criminal Procedure as it appears from pp. 105 of the paper book regarding the recovery ...Judge, 5 Court, Paschim Medinipur, in Sessions Trial Case No. V of October, 2003. By the said order the appellant was convicted for commission of offence under Sections 302 and 201 of the Penal Code...

...quantities. The Trial Court acquitted the appellant on grounds of non- compliance with Section 100(4) of the Code of Criminal Procedure, with regard to independent witnesses. Fur...amount to violation of Section 100(4), Cr.P.C. 4. Shri Dhruv Pall, learned counsel for the appellant submitted that the appellant had been falsely implicated because he...the very short span of time in which events took place it is not possible to hold any violation of Section 100(4) Cr.P.C. In any event, no prejudice on that account has been demonstrated. Sections 52...

...not just the body but also the ornaments of the victim were discovered. There is no infirmity on this score. We are also satisfied that the requisite provisions of Section 100(4) of ...have been complied with. 24. Further the accused was categorically confronted under section 313 of Code of Criminal...the Indian Penal Code, 1860 (in short, "IPC"). The learned Trial Judge sentenced the accused to suffer rigorous imprisonment for life with a fine of Rs. 2000/-, in default to...

.... - The provisions of the Code of Criminal Procedure, 1973 shall apply, in so far as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and sei...Code of Criminal Procedure which reads as under :- "100. Persons in charge of closed place to allow search. - (1) to (3) xxx xxx xxx ..., the Statute has enacted section 51 of the Act which reads as under :- "51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrest, searches and seizure...

...witnesses to prove the case. The respondent was also examined under Section 313 of the Code of Criminal Procedure and his case was of denial simplicitor. He did not lead...judgment of the acquittal.7. It is a case of recovery of illicit liquor from an open place and not from a closed place. The provisions of Section 100(4) ...Code of Criminal Procedure are not attracted in the present case and further that the evidence of the prosecution...

...of Punjab, 1984 (2) Recent CR 6 : 1984 (2) Chandigarh Law Reportet 538 wherein provisions of Section 100(4) of the Code of ...witness is fatal to the prosecution as it offends the provisions of Section 100 (4) of the Code of Criminal Procedure.5. Link evidence has also been challenged on ...with the seal bearing the inscription GS. After completion of the investigation, report under section 173 of the Code of Criminal Procedure was presented and after trial...

...Nirmal Singh to include witneses of public and he did not observe the compliance of Section 100(4) of the Code of Criminal Procedure inasmuch ...body was prepared to join the raid and the same ground being not valid and illegal is not acceptable. There is thus breach of Section 100(4) of the Code of Criminal ...-3), MHC Ashwani Kumar (PW-4) and Constable Jasbir Singh. (PW-5). 5. The statement of the accused-appellant was recorded under Section 313 of the Code of ...