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1 - 10 of 12 (0.24 seconds)State Of Punjab vs Balbir Singh on 1 March, 1994
Further, considering facts and circumstances of the present case in
the light of ratio in State of Punjab v. Balbir Singh, AIR 1994 SC,
there was no lack of time and opportunity to associate some
independent witnesses with the search and strictly comply with the
provisions of Code of Criminal Procedure. Hence, the above-
mentioned facts create serious doubt on the case of the prosecution.
The Code of Criminal Procedure, 1973
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 392 in The Indian Penal Code, 1860 [Entire Act]
Section 394 in The Indian Penal Code, 1860 [Entire Act]
Anoop Kumar Joshi vs The State Of Delhi on 12 January, 2017
"18. It is repeatedly laid down by this court that in such cases it
should be shown by the police that sincere efforts have been
made to join independent witnesses. In the present case, it is
evident that no such sincere efforts have been made, particularly
when we find that shops were open and one or two shopkeepers
could have been persuaded to join the raiding party to witness
the recovery being made from the appellant. In case any of the
shopkeepers had declined to join the raiding party, the police
could have later on taken legal action against such shopkeepers
because they could not have escaped the rigours of law while
declining to perform their legal duty to assist the police in
investigation as a citizen, which is an offence under the IPC".
Haryana State Lotteries, Iqbal Chand ... vs Govt. Of Nct Of Delhi & Ors. on 17 July, 1998
27. Similarly, in Nanak Chand Vs. State of Delhi reported as
DHC 1992 CRI LJ 55 it is observed as under:-
Section 100 in The Code of Criminal Procedure, 1973 [Entire Act]
Rattan Lal vs State Of Punjab on 10 April, 1964
Reference can be
made to on Rattan Lal Vs. State 1987 (2) Crimes 29.