making the search?
(ii) If any search is made without informing the
person of his such right would the search be illegal even ... search is issued by a Magistrate who is not
empowered, then such search or arrest if carried out would
be illegal. Likewise only empowered officers
making the search?
(ii) If any search is made without informing the
person of his such right would the search be illegal even ... search is issued by a Magistrate who is not
empowered, then such search or arrest if carried out would
be illegal. Likewise only empowered officers
spell out the exclusion of
evidence obtained on an illegal search. U23F],
A. K. Gopalan v. State of Madras ... search and seizure of certain
premises on the ground that the authorisation for the search
as also the search and seizure were illegal. The challenge
then
submitted that if the search is illegal, anything seized
during such an illegal search has to be returned as held by
a learned Single ... thereby that if the search is shown to be
illegal, anything seized during such illegal search will
have to be returned
documents that have been gathered as a result of the illegal search can be retained by the respondents because it would be useful ... merely by declaring the search as illegal and allowing the Government to retain the fruits of the illegal search ? In such an event, this declaration
Rules. They contend that these searches are illegal and what is seized as a result of illegal searches must be returned. We shall deal with ... same thing as a search under a search warrant or an order for search which attracts the provisions of Section 165 , Criminal Procedure Code. This
information they had collected during the search for justifying their decision to search the premises in question. The search conducted, on 1.3.2012, had been made ... illegal. As such, it is not open to the respondents to strengthen their case by relying on the information obtained during the illegal search
search being condemned as illegal, what consequence it would have on the seizure of the documents during such illegal search". A learned single judge ... thereby that if the search is shown to be illegal, anything seized during such illegal search will have to be returned to the person from
following the search and seizure on materials obtained from such search and seizures. The learned Judge held that the provisions for search and seizure ... clearly of the view that as the search and seizure in view of Clause 21 was illegal and unconstitutional the proceedings which were initiated
dealing with a defective search held that while the search is conducted in contravention of Section 103 the search can be resisted by a person ... alleged illegality of the search is concerned it is sufficient to say that even assuming that the search was illegal the seizure of the articles
