Rajesh Rai And Anr vs State Of Sikkim And Ors on 27 May, 2022
(xiii) While addressing the issue of search and seizure it may
be noticed that in State of H.P. vs. Pirthi Chand and Another5 the
Hon'ble Supreme Court while considering whether the mandatory
5
(1996) 2 SCC 37
WP(C) No.34 of 2020 : Rajesh Rai and Another vs. State of Sikkim and Others 21
and
WP(C) No.35 of 2020 : Prakash Gurung and Another vs. State of Sikkim and Others
provisions of search and seizure were adhered to, held that,
whether the authorized officer violated the mandatory requirement
is a question of fact to be proved at the trial. This Court need state
no further.