TaxTMI 
TaxTMI 
2022 (9) TMI 1720
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....while on patrolling duty in Mira Bhayander Ward, saw some persons with a suspicious movement and two of them were sitting on black motorcycle while other two were on Suzuki Activa Scooty. Noting their suspicious behaviour, API Handore apprehended three accused persons at 21.45 hrs, however, one of the accused fed away on black motorcycle. The procedure that was carried out while searching the persons, who were apprehended and which include the present applicant, who was carrying a red colour cloth bag in his hand, is recorded in the panchnama. It record the happening of events from 21.45 hrs. till 03.10 hrs. of 06/10/2020. The panchnama bears the signature of API Devidas Handore, ANC Unit and two panchas, Mojim Abdullah Shaikh and Rahul ....
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....perative mandate to inform the person concerned of his right under sub-section (1) of Section 50 of being taken to the nearest Gazetted Officer or to the nearest Magistrate for effecting his search. Though the information may not be necessarily in writing, it has been held that failure to inform the person concerned about the existence of a right to be searched in the presence of the Gazetted Officer or the Magistrate would cause serious prejudice to him. Though it has been held that it will not render the recovery of the illicit article suspicious and vitiate the conviction and sentence of an accused, it would be construed as violation of the mandatory condition imposed under Section 50. 5. On perusal of the complaint lodged on 06/10/20....
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....ons. 6. The entire purpose of the statutory mandate contemplated under Section 50 is well settled by this time and what could be the impact of it's non-adherence would be determined at the time of trial. However, while considering the application of the applicant for being released on bail, the Court has to be satisfied about the existence of reasonable ground that he is not guilty of such offence and he is not likely to commit any offence, while on bail. The non-adherence of the imperative mandate and an attempt on part of the prosecution to improvise it's case by compiling the documents, without the signatures of the panchas, make me to believe that there are no reasonable grounds to hold that the applicant is guilty of offence. Furthe....