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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | Criminal Revision 2309/2016 |
| Case-reference year | 2016 |
| Case type | Criminal Revision |
| Court website upload date | 11-OCT-26 |
The case-reference year is not the judgment year. The court website upload date is not a judgment date.
Official index description (excerpt)
Source: Supreme Court official index.
From a plain reading of sub-section (1) of section 103 of the Code of Criminal Procedure it is abundantly clear that the search by the Police must be conducted in the presence of at least two respectable inhabitants of the locality and the things which are to be seized in connection with any case are to be seized during the course of such search conducted in presence of at least two respectable local inhabitants. The requirements of sub-section (2) of section 103 read with sub-section (1) of section 103 are that the entire search from the beginning to the end must be conducted in the presence of two respectable local inhabitants and the requirements are not fulfilled if the search and the seizure have taken place either preceding the arrival of the local inhabitants or take place after they departed from the place of search. The provision relating to search and seizure provided in sub-section (1) and sub-section (2) of section 103 of the Code of Criminal Procedure are mandatory, and any search and seizure without strictly complying with the aforesaid provisions must be deemed to be
[Excerpt ends; the complete index description is retained in the catalogue JSON.]