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TMI Blog2015 (9) TMI 1646X X X X Extracts X X X X X X X X Extracts X X X X ..... the Investigating Officer. Supreme Court in the case of KHET SINGH VERSUS UNION OF INDIA [2002 (3) TMI 48 - SUPREME COURT OF INDIA], made clear that if there is any irregularity in preparing seizure memo, it would not belittle or vitiate the case of the prosecution. In the instant case, as stated in many places, with regard to seizure of tainted money from the petitioner, seizure memo has not been prepared. It is nothing but a flimsy mistake on the part of the Investigating Officer, but at the same time, the Court has to look into the statements alleged to have been given by some District Managers, wherein it has been clearly mentioned that most of them have given bribe to the petitioner - It has already been pointed out that mere omission on the part of the Investigating Officer in preparing seizure memo would not vitiate the entire proceedings. Further, as per the decision referred to by the learned counsel appearing for the petitioner, seizure memo can be used as a corroborative evidence. Therefore, it is quite clear that it is not a substantive piece of evidence. Since seizure memo can be used as a corroborative evidence, mere omission on the part of the Investigating Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a surprise inspection has been conducted, wherein a total sum of ₹ 3,03,500/- has been seized by the surprise check team and out of ₹ 3,03,500/-, ₹ 1,75,000/- has been seized from the table drawer of the petitioner and further every District Managers have given statements to the effect that it is the usual practice of the petitioner to demand and receive bribe and accordingly, the investigation has been done and after completing the same, a final report has been laid and the same has been taken on file in Special Calendar Case No. 3 of 2014 and there is no merit in the petition and the same deserves to be dismissed. 4. Before contemplating the rival submissions made on either side, it would be more useful to narrate the following admitted facts. It is an admitted fact that during the relevant period, the petitioner has served as Senior Regional Manager, TASMAC, Coimbatore. 5. The specific contention put forth on the side of the prosecution is that the petitioner has demanded and accepted bribe from District Managers, TASMAC. Under the said circumstances, surprise inspection has been done on 10.1.2012 and ultimately found some unaccounted money. 6. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rched was really found there and was not introduced or planted by the officers of the search party. The legislative intent was to control and to check these malpractices of the officers, by making the presence of independent and respectable persons compulsory for search of a place and seizure of article. Evidential value of panchnama: 353. Panchnama is a document having legal bearings which records evidence and findings that an officer makes at the scene of an offence/crime. However, it is not only the recordings of the scene of crime but also of anywhere else which may be related to the crime/offence and from where incriminating evidence is likely to be collected. The documents so prepared needs to be signed by the investigating officer who prepares the same and at least by two independent and impartial witnesses called panchas , as also by the party concerned. The witnesses are required to be not only impartial but also respectable . Respectable here would mean a person who is not disreputed. One should also check if the witnesses are in their senses at the time of the panchnama proceedings. Only majors are to be taken as witnesses as minors' witnesses may not withs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liable to be quashed? 12. It is a humdrum that Sections 93 to 104 of Code of Criminal Procedure, 1973 are dealing with search and seizure. Section 461 of the said Code deals with irregularities, which vitiates the proceedings. For the sake of convenience, the Court has to narrate the entire Section 461 of Code of Criminal Procedure, 1973 and the same reads as follows: 461. Irregularities, which vitiate proceedings If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely. (a) Attaches and sells property under section 83; (b) Issues a search warrant for a document, parcel or other thing in the custody of a postal or telegraph authority; (c) Demands security to keep the peace; (d) Demands security for good behaviour; (e) Discharges a person lawfully bound to be of good behaviour; (f) Cancels a bond to keep the peace; (g) Makes an order for maintenance; (h) Makes an order under section 133 as to a local nuisance; (i) Prohibits, under section 143, the repetition or continuance of a public nuisance; (j) Makes an orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, wherein it has been clearly mentioned that most of them have given bribe to the petitioner. Further, the petitioner has also been examined and he has not given proper explanation as to how he has been in possessed of huge amount in his office. In short, he has not given proper explanation with regard to his possession. 18. It has already been pointed out that mere omission on the part of the Investigating Officer in preparing seizure memo would not vitiate the entire proceedings. Further, as per the decision referred to by the learned counsel appearing for the petitioner, seizure memo can be used as a corroborative evidence. Therefore, it is quite clear that it is not a substantive piece of evidence. Since seizure memo can be used as a corroborative evidence, mere omission on the part of the Investigating Officer in preparing the same would not militate the case of the prosecution. 19. In the instant case, for proceeding further against the petitioner, plethora of documents are available. Further, as stated supra, some of the material witnesses have given statements under section 164 of Code of Criminal Procedure, 1973 before the concerned Magistrate. Therefore, viewing fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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