Good judgment of hon’ble Supreme Court wherein it was held that, though the search may be illegal but the
evidence collected, i.e., Panchnama etc., nonetheless would be admissible at the trial. At the stage of
filing charge-sheet it cannot be said that there is no evidence and the Magistrate or the Sessions
Judge would be committing illegality to discharge the accused on the ground that Section 50 or
other provisions have not been complied with. At the trial an opportunity would be available to the
prosecution to prove that the search was conducted in accordance with law. Even if search is found
to be in violation of law, what weight should be given to the evidence collected is yet another
question to be gone into. Under these circumstances, the learned Sessions Judge was not justified in
discharging the accused, after filing of the charge-sheet holding that mandatory requirements of
Section 50 had not been complied with.
State Of Himachal Pradesh Vs Shri Pirthi Chand And Anr on 30 November, 1995
Shades of Knife
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