Search and seizure
Search and seizure without
strictly following the provisions of law cannot be held to be legal-Cr.P.C. Ss.
102 and 103 Md. Moklesur Rahman and another Vs.. The State, 14BLD(HCD)126
Ref: 26DLR297
Search and Seizure
When the pipe guns in
question were re- covered from a sugarcane field and the place was accessible
to the public and the 3 seizure list witnesses did not prove the recovery of
the fire arms from the possession of the accused, his exclusive possession of
the fire arms becomes doubtful-Cr.P.C. 103
Golam Mostafa (Bara) Vs.
The State, 14 BLD (HCD)317 Ref: 21 D.L.R. 684; 44 DLR159 Cited
Search and seizure
In conducting search for
recovery of contraband phensidil syrups the conducting officer is required to
comply with the provisions of section 103 Cr.P.C. Md. Faruque Hossain and 2
others Vs. The State, 15BLD (HCD) 162
Search and seizure
The provisions relating to
search and seizure provided in subsections (1) and (2) of section 103 Cr.P.C.
are mandatory. Any search and seizure without strictly complying with the
aforesaid provisions of law is illegal. Habibur Rahman alias Jane Alam Vs. The
State, 15BLD(HCD) 129
Search and Seizure
The police must follow the
laws and rules relating to search and seizure. Non- compliance of the mandatory
provision of section 103 Cr.P.C. and Regulation No. 280 of the Police
Regulations makes search and seizure illegal. Md. Zulfiqure Ali alias Kazal Vs.
The State, 15BLD (HCD) 570
Search and seizure
When the accused admits
that he has arms in his possession and arms are actually recov- ered at his
instance, provisions of Sections 103 and 165 Cr.P.C. are of little relevance.
Kamruzzaman alias Babul Sikdar Vs. The State, 15BLD(HCD) 486
Search Warrant
Section 100 of Cr.P.C
empowers a Mag- istrate to issue search warrant for the recovery of the child
who has been kidnapped and wrongfully confined. A direction issued by a
Magistrate to the same effect is not in confir- mity with the provision of
section 100 Cr.P.C. Dr. G.M. EnamulHoque Vs. Mosam- mat Rafia Begum and
another, 13 BLD (HCD)483
Search Warrant
The provisions of section
103 Cr.P.C. are designed to create a safeguard against possi- ble chicanery and
concoction on the part of the Investigating Officer and it is obligatory on the
officer about to execute a search war- rant to call on and get two or more
respectable inhabitants of the locality to witness the search to ensure that the
search is conducted honestly-Cr.P.CS.103
Subodh Ranjan and others
Vs. The State, 13 BLD(HCD)430 Ref: PLD 1979 (Lahore) 279; 26 DLR 297; PLD 1975
(SC) 607, 609-Cited
Seizure
Non-seizure of the torch
light-Non- seizure by the Investigating Officer of the torch light by which the
witnesses allegedly recognised the accused renders the prosecution case
unacceptable Abdul Latif alias Budu and others Vs. The State, 14BLD (HCD) 94
Seizure
Under Section 26 of the
Arms Act only the Government and not the District Magis- trate is empowered to
seize arms of any per- son and detain the same for such time as it thinks
necessary for the public safety. Md. Mokbul Hossain Santu Vs. Govt. of
Bangladesh and others, 18BLD (HCD) 509
