The bench comprising of Justice S. Narasimha and Justice Aravind Kumar in the case observed and has stated that although the law requires the police to send the seizure report to the magistrate 'forthwith', which came to be interpreted as 'as soon as possible' but the delay in sending the report to the magistrate would not vitiate the act of seizure by the police altogether.
The Judgement authored by Justice Aravind Kumar stated while deciding as to whether the police officer has properly.
discharged his obligation under Section 102(3) Code of Criminal Procedure, CrPC., the Magistrate would have to, firstly, examine whether the seizure was reported forthwith and in doing so, it ought to have regard to the interpretation of the expression. 'forthwith' as discussed above.
Thus, if it finds that the report was not sent forthwith, then it must examine whether there is any explanation offered in support of the delay and if the Magistrate finds that the delay has been properly explained, it would leave the matter at that.
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
PIL in Delhi HC contests rules on preserving unused gametes.
A public interest litigation (PIL) has been filed in the Delhi High Court challenging Rule 13(1)(a) of the Assisted Reproductive Technology (ART) Rules.
Young man attacks girlfriend with knife over distance in relationship
In the Raghubir Nagar area, a young man attacked his girlfriend with a knife on Saturday morning after becoming upset about their recent distance.
'Not here to earn money, no greed for CM's chair...' says Kejriwal
Former Delhi CM and Aam Aadmi Party National Convenor Arvind Kejriwal on Sunday said that he resigned because he has no greed for CM's chair and had joined the politics for the country.
MUSIC PRODUCER GETS EXTORTION CALL LINKED TO BISHNOI-BRAR GANG
A Delhi-based music producer alleged that he received an extortion call of Rs 5 crore from a caller who identified himself as a member of the Lawrence Bishnoi and Goldi Brar Gang, said the police on Sunday.
India to get first national security semicon fab plant
Under a transformative collaboration with the US, India will get its first-ever national security semiconductor fabrication plant that will produce chips for use in military hardware in both the countries as well as in critical telecommunication networks and electronics.
Congress expels Chitra Sarwara for six years for fighting polls as independent
The Congress Party has expelled its leader Chitra Sarwara for six years as she has rebelled against the party candidate and contesting the election as independent candidate from Ambala cantonment.
Farmers vow to intensify stir
Announce nationwide blocking of railway tracks on October 3
'PM's winning formula via NaMo app on Sep 26'
As the Haryana Assembly elections draw near, the BJP is pulling out all the stops to secure a decisive victory.
World Rhino Day: PM Modi recalls his visit to Kaziranga National Park
As the world is celebrating 'World Rhino Day', Prime Minister Narendra Modi, recalling his visit to Kaziranga National Park in Assam, said that it is a matter of pride that India is home to a large number of one-horned rhinos. He urged people to visit the place as well.
Jharkhand HC orders immediate resumption of internet services
The Jharkhand High Court ordered the immediate resumption of internet services in the state, which had been suspended during the Jharkhand General Graduate Level Combined Competitive Examination for a few hours on September 21 and 22.
