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Paramjit Singh And Anr. vs Union Of India (Uoi) on 1 July, 1999 cites

State Of Punjab vs Balbir Singh on 1 March, 1994

In State of Punjab v. Balbir Singh 1994 Cri LJ 3 to 2 (supra), police officer empowered under the Act proceeded to conduct search of the accused in usual course of investigation. The question arose as to whether as a result of non-compliance of provisions of Sections 41, 42, 50, 52 and 57 of the Act read with Sections 109 and 165, Cr. P.C. the investigation and consequential trial could be sustained in law. The Apex Court held that the aforesaid provisions of the Act are mandatory and the officer conducting search is under an obligation to make the accused aware of his rights. It was further observed 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 credit-worthiness to the proceedings while equally providing an important safeguard to the accused. To. afford such an opportunity to the person to be searched, he must be aware of his right and that can be done only by the authorised officer informing him. Thus, the provisions implicity make it obligatory on the authorised officer to inform the person to be searched of his right.
Supreme Court of India Cites 60 - Cited by 1785 - S R Pandian - Full Document
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