https://www.taxtmi.com/caselaws?id=169532 Substantial compliance with the right of prior search before a Gazetted Officer or Magistrate was sufficient where the consent memo and surrounding records showed that the accused was clearly offered search before the prescribed authority, and the safeguard was treated as duly explained. The conviction was also sustained because the official witnesses gave consistent and unimpeached evidence, while the independent witness resiled without satisfactory explanation and the defence witness was not reliable. The Court accepted that police testimony is not to be discarded merely because it is official, and held that the prosecution version proved the case despite non-support from independent witnesses. The conviction and sentence were affirmed on merits. en-us Mon, 10 Dec 2007 00:00:00 +0530 Sat, 25 Apr 2015 10:35:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169532 Substantial compliance with the right of prior search before a Gazetted Officer or Magistrate was sufficient where the consent memo and surrounding records showed that the accused was clearly offered search before the prescribed authority, and the safeguard was treated as duly explained. The conviction was also sustained because the official witnesses gave consistent and unimpeached evidence, while the independent witness resiled without satisfactory explanation and the defence witness was not reliable. The Court accepted that police testimony is not to be discarded merely because it is official, and held that the prosecution version proved the case despite non-support from independent witnesses. The conviction and sentence were affirmed on merits. Case-Laws Customs Mon, 10 Dec 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169532