CiteTEXT
...to have been stolen or which may be found under circumstances which create suspicion of the commission of any offence.8. Sub-section (5) of Section 165 CrPC provides that the...court to impound any document or thing produced before it under the Code. Section 165 CrPC does not speak about the passport which has been searched and seized as in the present case. It does not speak...Sections 165 and 104 of the Code of Criminal Procedure (hereinafter referred to as “CrPC”). He further contended that the power to retain and impound the passport has been rightly exercised by the...
...obtained without undue delay which is a condition precedent to effect a search under Section 165 CrPC. The trial court while accepting the evidence and holding that assault, wrongful restraint and...wrongful confinement are proved against the appellants, nonetheless acquitted them because the provisions of Section 165 CrPC, relating to search had not been complied with. On an appeal by the State...to obstruct and man-handle PW 1. In this view the non-observance of the provisions of Section 165 CrPC, were held to be a mere irregularity as PW 1, was throughout conducting himself in an honest and...
...Act. Therefore the provisions of Sections 100 and 165 CrPC which are not inconsistent with the provisions of the NDPS Act are applicable for effecting search, seizure or arrest under the NDPS Act also. The words “insofar as they are...be a witness to the search, to attend and witness the search. Section 165 CrPC lays down that whenever an officer-in-charge of a police station or a police officer making an investigation has...-compliance of the provisions of Section 100 or Section 165 CrPC that by itself cannot be a ground to reject the prosecution case outright. The effect of such non-compliance will have a bearing on the...
...any non-compliance of the provisions of Section 100 or Section 165 CrPC that by itself cannot be a ground to reject the prosecution case outright. The effect of such non-compliance will have a bearing...against him under Section 18 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”).2. The relevant facts...first question urged before the High Court was whether there was a contravention of Section 50 of the Act inasmuch as the offer made to the accused for searching his person in the presence of a...
...Section 165 CrPC provides that the copies of record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence whereas...Section 104 CrPC authorises the court to impound any document or thing produced before it under the Code. Section 165 CrPC does not speak about the passport which has been searched and seized as in the...document are pending before a criminal court in India. Thus, the Passport Authority has the power to impound the passport under the Act. Section 102 CrPC gives powers to the police officer to seize any...
..., AIR 1972 SC 886 it was held that even if the search is illegal being in contravention of the requirement of Section 165 CrPC, that provision ceases to have a...165 CrPC. The contention was repelled thus: (SCR pp. 411-12)“So far as the alleged illegality of the search is concerned it is sufficient to say that even assuming...the appeal, the matter has been placed before this larger Bench and the question for consideration is whether the safeguards provided by Section 50 of the Narcotic Drugs and Psychotropic Substances Act...
...of CrPC. At this stage if there is any non-compliance of the provisions of Section 100 or Section 165 CrPC that by itself cannot be a ground to reject the prosecution case outright. The effect of such...the charge-sheet. The learned Sessions Judge framed the charge against the accused who pleaded “not guilty” and as a matter of fact in his statement under Section 313 CrPC, the appellant has stated...not arise. In this context Section 50 has been very strongly emphasised, which we feel it convenient to set out along with Sections 51 and 57 on which the appellant also laid strong emphasis. The said...
...the provisions of Section 165 CrPC as if such place were within the limits of his own police station. Sub-section (4) requires that after conducting the search as contemplated under sub-section (3), the...(b) the alleged non-compliance of sub-section (4) of Section 100 and sub-sections (3) and (4) of Section 166 CrPC;on the judgment under appeal...of the articles in alleged violation of the provisions of Section 100(4) and Section 166(3) and (4) CrPC.26. It will be useful to read both sub-sections (4) and (5) of...
...writing if the officer thinks fit (Section 161 CrPC), (b) the search of places and seizure of things necessary for the investigation to be proceeded with for the trial (Section 165 CrPC etc.) and (c...contrary to the charge-sheets (police reports) submitted by the police. According to the learned counsel two police reports under Section 173 CrPC had already been filed in the court and in fact after...granting sanction under Section 197 CrPC in respect of P.P Sharma was illegal.(5) No case under Essential Commodities Act was made out from the police...
...with the provisions of Code of Criminal Procedure, 1973 (the CrPC).(ii) The conditions for conducting the search are mentioned in Section 165 of CrPC.(iii) In Ramkishan...case, section 165 CrPC has been interpreted and it has been held that,• The empowered officer must have reasonable grounds for believing that anything necessary for the purpose of...Act provides that all search and arrest shall be carried in accordance with the provisions of Code of Criminal Procedure. Section 165 of the CrPC is titled ‘Search by police...
...contraband [heroin] weighing about 9.96 grams was recovered. As per the FIR, the search was carried out in conformity with the provisions contained in Section 165, CrPC read with Section 100, CrPC. The...Assam.
2. By this application under Section 439, Code of Criminal Procedure [CrPC], 1973, the accused-petitioner viz. Tanga Nilling has prayed for his release on bail in...counsel for the parties and have also perused the materials available in the case record and in the case diary. The accused-petitioner was suspected to have committed the offence under Section 21[b...
...reasons. However, it applies section 165 CrPC to searches and seizure under the IT Act. Section 165 CrPC provides recording of reasons for conducting search.The amendment of 112(2)...seizure under section 132(1) or (1A).29. Section 165 of CrPC is titled ‘Search by Police Officer’. Sub-section (1) of section 165 CrPC...of reasons for conducting a search. However, the counsel for the Department pointed out that:Section 165 CrPC only applies as far as applicable and not verbatim;It was...
...investigating into the matter. Some of the accusations have been alleged against her by some of the inmates of the Ashram at the time when she undertook search under Section 165 CrPC. This provision...or cause to be made for such thing in any place within the limits of such station. Sub-section (5) of Section 165 CrPC provides that copies of any record made under sub...29 March 2014 for orders.3.1 On 29 March 2014, the learned Chief Judicial Magistrate, Gandhinagar sent the complaint under Section 202 CrPC for police inquiry by an Officer of the rank...
...the time of carrying out the search, there was no pending case under the TADA Act and that police officers were entitled to carry out the search and seizure under Section 165 of the Criminal Procedure Code. The search and seizure wa...offence, on the basis of information received that large quantity of arms and explosive substances were stored in the premises, the police officer was entitled to exercise power under Section 165 CrPC. Hence...the confessional statement of Accused 2 was taken under coercion and to prove this fact, she referred to two paragraphs of the statement of Accused 2 recorded under Section 313 CrPC wherein Accused 2...
...Court has held as follows:-
"8. Sub-section (5) of Section 165 CrPC provides that the copies of record made under sub-section (1) or sub... document or thing produced before it under the Code. Section 165 CrPC does not speak about the passport which has been searched and seized as in the present case. It does not speak...- section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence whereas Section 104 CrPC authorises the court to impound any...
... searches they would be acting under the provisions of CrPC. At this stage if there is any noncompliance of the provisions of Section 100 or Section 165 CrPC that by itself... an examination of Section 165 CrPC, as it stands, would show that recording such grounds is obligatory and failure to do so will vitiate the trial. In our view, the general...105 of the Customs Act and making a search as provided under Section 165(1) should record reasons. This argument was based upon Section 105(2) which lays down that the provisions of the ...
...-
"8. Sub-section (5) of Section 165 CrPC provides that the copies of record made under sub-section (1) or sub-section (3) sh... under the Code. Section 165 CrPC does not speak about the passport which has been searched and seized as in the present case. It does not speak about the documents found in...to the nearest Magistrate empowered to take cognizance of the offence whereas Section 104 CrPC authorises the court to impound any document or thing produced before it...
.... Section 165(1) of the CrPC, however, draws an exception to this general rule and permits an Officer in charge of the Police Station or the Police Officer making investigation to proceed to the...Section 165(5), after forwarding to the nearest Magistrate the search memorandum so prepared, the Officer could justifiably conduct the search in the suspected place and effect seizure also. There is no reason why the above safeguar....
12. It is also submitted that a Police Officer acting under Section 102 of the CrPC has no power to effect seizure of a property unless there is ground for satisfaction that the...
...witness the search. Section 165 CrPC lays down that whenever an officer-in-charge of a police station or a police officer making an
24...to search warrants and the general provisions as to searches contained in Section 100 shall, so far as may be, apply to a search made under Section 165 also…..
...arrests or searches they would be acting under the provisions of CrPC. At this stage if there is any non- compliance of the provisions of Section 100 or Section 165 CrPC ...
...particular court question to PW 95 is contrary to Section 165 CrPC inasmuch as the power of the Judge is very wide. It has been further argued by the defence that the duties of a Presiding Officer are...witnessed the incident, specifically when she had given her statement to the police under Section 161 CrPC on 30-4-1999 itself.74. Mr Ram Jethmalani, the learned Senior Counsel...site plan does not belie her presence and her having witnessed the incident especially when her statement under Section 161 CrPC was recorded on 30-4-1999 in the morning itself. It was pointed out by...