Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Recovery of 93. There is no power contained in the Act or the Rules where by the movement of a person against search is ordered can be restricted. When documents or things seized by virtue of a search-warrant are brought before the magistrate, he would have power to allow the parties inspection thereof in Court. It has been given from Section. All certificates used by the medical practitioner should be made part of the panchnama. On the other hand, cell phones and computers also hold data which could be instrumental in investigating criminal activity, and with technologies like remote wipes of computer data available, such data is always at the risk of destruction if delay is occurred upon the investigation. Section 51 provides for search of an arrested person by the police officer.
Also, the police should prepare a seizure list and make you sign the same. Magistrate should not issue search-warrant on mere asking of a party. In those cases where any records or articles are seized during the course of investigation without formal search, a proper recovery memo in prescribed form- attested by two witnesses of repute- and the person from whom the records or articles are taken possession of- should invariably be prepared on the spot and each of the documents or articles should be initialed and numbered by the persons producing it and the witnesses to preclude any changes or substitution. Where a warrant of authrisation is issued for search of the locker, the same should be executed, immediately. The appellants were not sure whether they were asking for copies of documents in the possession of the adjudicating authority or in the possession of the authorized officer who lodged the complaint.
Some members of the search party must accompany the vehicles in which the seized books of accounts, documents and assets are being transported. The first part comes under the penal code while the second part is called the code of criminal procedure. The procedures required to be followed by the requisitioning officer and the delivering officer or authority have been laid down in Rule 112D. Since sufficient emphasis has been laid on this section, we shall extract the same in full. The explanation of the person searched should be obtained for the cash found at the premises. Our Private Client Blog A thought leadership initiative dealing with multidisciplinary aspects of family business and governance intra family as well as vis-à-vis corporate entities , estate and succession planning including non-resident legal and tax considerations , philanthropy and family disputes, amongst various other aspects.
Cell phone and computer searches are the equivalent of searches of thousands of documents, photos and personal records, and the expectation of privacy in such cases is much higher than in regular searches. The relationship between the banker and the customer is not that of trustee and beneficiary but is one of debtor and creditor. It may also be that because of the illegality of the search the Court may be inclined to examine carefully the evidence regarding the seizure. Therefore these provisions make it obligatory that such of those officers mentioned therein, on receiving an information, should reduce the same to writing and also record reasons for the belief while carrying out arrest or search as provided under the proviso to. Assuming the appeal is admitted it may take a decade or more to get the final hearing of appeals. If he gives information about his possession of bank lockers, keys thereof should also be obtained.
The provisions of Chapter V deal with the procedure regarding the entry, arrest, search and seizure. Particulars of the persons whose premises, etc. It is significant to mention in this connection that cash and other assets found in the course of the search can be seized only of these represent undisclosed income or property. To inspect books of account etc. A suit for damage in such circumstance lies against those who have executed an illegal search-warrant. The effect of such non- compliance will have a bearing on the appreciation of evidence of the official witness and other material depending upon the facts and circumstances of each case. Also search and seizure of documents from accused does not amount to infringement of fundamental rights under Article 20 3 of the constitution.
The signatures of the person searched and witnesses should be obtained on both the parts relating to his rights and duties. Therefore, if an arrest or search contemplated under and is made under a warrant issued by any other Magistrate or is made by any officer not empowered or authorised, it would per se be illegal and would affect the prosecution case and consequently vitiate the trial. The requirement of such searches however, have to be assessed before the registration of the case. Retraction of statement recent trend 20. In fact, there is a specific absence of the exclusionary rule as a protection as well, which means that, unlike under the Fourth Amendment, the non-compliance with the procedural requirements of search would not by itself vitiate the proceedings or suppress the evidence so found, but would only amount to an irregularity which must be simply another factor considered in evaluating the evidence. The District Judge found from the evidence that the lands are madikattu lands and two dry crops of groundnuts in the first season, Jowar or cotton in the second rabi season were being raised in those lands.
Whenever a person is arrested by a police officer under a warrant he may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. In case it is not possible to complete the search on the same day, the portion of the premises which remained to be searched must be sealed and secured under a proper guard before leaving the premises for the night. Both under and , the officers empowered can enter and search the place and also arrest the person suspected to have committed the offence either on the basis of his own knowledge or on the basis of information reduced to writing. Archived from on 25 November 2013. The burden to prove so is on the assessee. To us, it appears that this is a valuable right given to the person to be searched in the presence of a Gazetted Officer or a Magistrate if he so requires, since such a search would impart much more authenticity and creditworthiness to the proceedings while equally providing an important safeguard to the accused. If force is required for some particular cases, the force should be kept somewhere close-by as mentioned above.
D Basu that: Intrusion into the privacy may be by, 1 legislative provision, 2 administrative or executive orders, and 3 judicial orders. Discuss with consultant possibility of approaching Settlement Commission advantages and disadvantages. This is not the first time when such an attempt has been made to change the nature of what has actually been stated in Article 20 3. When such a search involves female, it should be carried out only by another female with strict regard of decency. Secondly, such a refusal may also enable the income-tax authorities to draw an adverse inference.
He should not allow any third party to either interfere or prompt while his statement is being recorded by the authorised officer. We have also already noted that the searches under the by virtue of have to be carried under the provisions of particularly and. Once the search of the premise s has begin, no person should be allowed to enter or approach the house unless the person so approaching is a member of the household. However, if such arrest, search or seizure are to be made by the empowered officer between sunrise and sunset, there is no such mandatory provision for recording of the reasons to believe. Indeed a little consideration will show that the two are essentially different matters for the purpose relevant to the present discussion.
As per section 132 13 , the provisions of the Code of Criminal Procedure 1973, relating to search and seizure apply as far as may be applicable, to search and seizure proceedings under the Income—tax Act, 1961. The authorised officer should serve upon the witness the prescribed order in writing. Depending upon the facts and the circumstances of the case, suitable methodology for verification of stock should be adopted. Special instructions, if any, including those relating to recording of statements under section 132 4 , handling of computer systems, etc. Therefore if an arrest or search contemplated under these provisions of has to be carried out, the same can be done only by competent and empowered Magistrates or officers mentioned thereunder.