Section 166 in The Code of Criminal Procedure, 1973
166. When officer-in-charge of police station may require another to issue search-warrant ... officer, on being so required, shall proceed according to the provisions of section 165, and shall forward the thing found, if any, to the officer
that where the provisions of Ss.
103 and 165, Code of Criminal
Procedure are contravened the search
could be resisted by the person whose
premises ... ransom so
as to invite their conviction under Section 364-A IPC.
42. Section 364-A IPC is relevant for this purpose and
is reproduced
much as he has resiled from his purported statement
given under section 161 Cr.PC. This witness had purportedly informed
the Investigating Officer during investigation ... view of the provisions of Section 74 & 78 of the
Indian The Indian Evidence Act and Section 166 A Cr.PC. In
support
accused have been charged u/s 363 / 364A / 302 / 201 / 120B
IPC for entering into a criminal conspiracy of kidnapping victim
Yash for the purpose ... offence u/s 174A IPC for having failed to
appear before the court despite publication of proclamation u/s
82
Section (2) enjoys a duty upon such officer, so
required to proceed according to provision of Section 165 Cr.P.C. and
forward the things ... copies of the records prepared by him under Sub- Section 1 and 3
of Section 166 Cr.P.C. In this case admittedly the Investigating
effected amounts to
violation of Section 55 of the Act and also the provisions of
Section 166 Cr.P.C;
(vi) that since no transit ... also been submitted that there is violation of provisions of Section 166
Cr.P.C. as well.
18. This Court finds that in the instant
either in the Prevention
of Corruption Act, 1988 or the Code of Criminal Procedure , 1973 which
bars a citizen from filing a complaint for prosecution ... genuineness of that certificate determined. Though strictly speaking
procedure under Section 166-A Cr.P.C. was not followed, but that does not
render
also argued that there is no compliance to
provision of Section 166 Cr.P.C. in this case as admittedly the
alleged recovery ... show the violation of
provision of Section 166 Cr.P.C. is a serious investigation lapse.
Where recoveries have been made within the jurisdiction
investigating officer also
had not complied with the provisions of section 166 Cr.PC. In that
case the recoveries had been made within the jurisdiction ... followed. Thus, non-compliance of the provisions of
Section 166 Cr.PC rendered the investigation as suspect.
In Sahib Singh V. State of Punjab, Crl
under Section
18 / 20 of Unlawful Activities (Prevention) Act and it was submitted that
further investigation is under way under section 173 (8) ... investigating officers did not comply with the mandatory
provisions of Section 166 Cr.P.C at the time of taking search of the
premises
