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september 1975

Supreme Court of India · 1975-09-12

ANWAR AHMAD vs STATE OF U.P.

Citation / case number
SC 1975/60407
Court
Supreme Court of India
Petitioner
ANWAR AHMAD
Respondent
STATE OF U.P.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that under Section 514 of the Code of Criminal Procedure, 1898, a bond for the production of property seized by the police must be executed before a Court, not before a police officer. The Court found that since the bond was executed before the police and not before a magistrate, it could not be forfeited. The appeal was allowed, and the forfeiture order was set aside, emphasizing the need for legislative amendment to empower police to take bonds in certain circumstances.

ANWAR AHMAD vs STATE OF U.P. · Niyam