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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.
Supreme Court of India Cites 60 - Cited by 1785 - S R Pandian - Full Document

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".
Delhi High Court Cites 6 - Cited by 2089 - P S Teji - Full Document
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