SEARCH BY POLICE OFFICERS.

-


SEARCH OF PLACES BY POLICE OFFICERS OR INQUIRER.

Duncan Abeynayaka – LLB, Attorney At Law

 

CODE OF CRIMINAL PROCEDURE ACT

112.

(1) Whenever any officer in charge of a police station or an inquirer making an investigation in a cognizable case officer considers that the production of any document or thing is necessary to the conduct of the investigation, and there is reason to believe that a person to whom summons or order under section 66 has been or might be issued will not produce such document or other thing as directed in the summons or order, or when such document or other thing is not known to be in the possession of any person, such officer or inquirer may search or cause search to be made for the same in any place.

(2) Such officer or inquirer shall practicable conduct the search in person.

(3) If he is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may require any grama seva niladhari to make the search and he shall deliver to such grama seva niladhari an order in writing specifying the document or other thing for which search is to be made and the place to be searched, and such grama seva niladhari may thereupon search for such thing in such place.

(4) The provisions of this Code as to search warrants and searches thereupon shall so far as may be apply to a search made under this section.

 

KIRIYA V. THE ATTORNEY-GENERAL 66 NLR 493

While the effect of section 37 of the Excise Ordinance may be to confer on any police officer investigating a n offence under the Excise Ordinance the powers conferred on an officer in charge of a police station by sections 121 (2) and 124 of the Criminal Procedure Code in the investigation of a cognizable offence, such powers cannot be exercised except where there is reasonable or probable cause for doing so.

Accordingly, where a police officer enters a house without a search warrant and removes articles, without a reasonable or probable ground of suspicion that an offence under the Excise Ordinance has been committed, resistance to him does not constitute an offence of obstruction of a public servant in the discharge of his duties.

 

Comments

Post a Comment

Popular posts from this blog

EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL.

-
Image
EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL. Duncan Abeynayaka – LLB, Attorney At Law DECIDED JUDGEMENTS 01. ATTORNEY GENERAL VS EDIRIWEERA [2006] BLR PAGE 12 "In any event delay in listing of cases is not an exceptional circumstance as it is common to all cases." It is now settled law that an application for bail pending appeal can be allowed only upon establishment of exceptional circumstances. "Delay is always a relative term and the question to be considered is not whether there was mere explicable delay as when there is a backlog of cases, but whether there has been excessive or oppressive delay and this always depends on the facts and circumstances of the case"   02. RANIL CHARUK KUJATHUNGA V. AG CA (PHC) APN 134/2015 "The petitioner submits several grounds to consider bail. The Petitioner states that he is a married person with two school going children. The persons getting married and having children is not an exceptional ground. It is th
Read more

INFORM THE REASON TO BE ARRESTED.

-
Image
INFORM THE REASON TO BE ARRESTED Duncan Abeynayaka – LLB, Attorney At Law   ARTICLE 13(1) OF THE CONSTITUTION No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reasons for his arrest.   CODE OF CRIMINAL PROCEDURE ACT 23. (1) In making an arrest the person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action and shall inform the person to be arrested of the nature of the charge or allegation upon which he is arrested. Explanation. - Keeping a person in confinement or restraint without formally arresting him or under the colourable pretension that an arrest has not been made when to all intents and purposes such person is in custody shall be deemed to be an arrest of such person; (2) If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, the person matting the arr
Read more

CRIMINAL MISAPPROPRIATION OF PROPERTY.

-
Image
LEGAL PROVISIONS AND DECIDED JUDGEMENTS ON CRIMINAL MISAPPROPRIATION OF PROPERTY Duncan Abeynayaka – LLB, Attorney At Law.   PENAL CODE PROVISIONS 386. Whoever dishonestly misappropriates or converts to his own use any movable property shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 387. Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servent, the imprisonment may extend to seven years. CODE OF CRIMINAL PROCEDURE ACT 165 (2 ) When the accused is
Read more