Supreme Court of India · 1954-04-22
WAZIR CHAND vs THE STATE OF HIMACHAL PRADESH.(With connected Appeal)
- Citation / case number
- SC 1952/18
- Court
- Supreme Court of India
- Petitioner
- WAZIR CHAND
- Respondent
- THE STATE OF HIMACHAL PRADESH.(With connected Appeal)
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that the seizure of property by the Indian police without sanction under Sections 51, 96, 98, and 165 of the Code of Criminal Procedure, 1898, infringes the fundamental rights guaranteed under Articles 19 and 31 of the Constitution of India. The Court clarified that the dismissal of an application under Section 523 does not affect this infringement. Additionally, the applicability of Article 370 raises doubts regarding the investigation of offenses committed in Jammu and Kashmir by Indian police.