Abstract
This paper proposes to throw light on the following issues: (a) Whether the procedure relating to search and seizure is mandatory or directory? While examining this issue, firstly the author discusses the judicial approach and subsequently proposes a solution for the same. (b) Would non-compliance of this procedure prove fatal to the prosecution? (c) Would the resurrection of 'due process' take within its fold the exclusionary rule of evidence? The author concludes by reflecting on the role of the Supreme Court, stating that the role of the judiciary should be consistent, in view of the three fundamental principles of Criminal Justice System, namely, the legislative intent, social defence and individual liberty. (Editor’s abstract.)
Recommended Citation
Rao, SV Joga
(1991)
"Autonomy of Search and Seizure under 'Narcotics Law': Judicial Process and Policy Perspective,"
National Law School Journal: Vol. 3:
Iss.
1, Article 12.
Available at:
https://repository.nls.ac.in/nlsj/vol3/iss1/12