Fir No.733/2020 (State vs . Dhamo) Ps Sagarpur on 4 August, 2023
"It therefore emerges that non-compliance of these provisions i.e.
Sections 100 and 165 Cr.P.C. would amount to an irregularity and the
effect of the same on the main case depends upon the facts and
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FIR No.733/2020 (State vs. Dhamo) PS Sagarpur
circumstances of each case. Of course, in such a situation, the court
has to consider whether any prejudice has been caused to the accused
and also examine the evidence in respect of search in the light of the
fact that these provisions have not been complied with and further
consider whether the weight of evidence is in any manner affected
because of the non-compliance. It is well-settled that the testimony of
a witness is not to be doubted or discarded merely on the ground that
he happens to be an official but as a rule of caution and depending
upon the circumstances of the case, the courts look for independent
corroboration. This again depends on question whether the official
has deliberately failed to comply with these provisions or failure was
due to lack of time and opportunity to associate some independent
witnesses with the search and strictly comply with these provisions."