Supreme Court of India · 2002-03-21
Arya Abhushan Bhandar vs Union Of India (Uoi)
- Citation / case number
- AIRONLINE 2002 SC 72
- Court
- Supreme Court of India
- Petitioner
- Arya Abhushan Bhandar
- Respondent
- Union Of India (Uoi)
- Bench
- S.P. Bharucha, N. Santosh Hegde, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed whether the failure to produce search witnesses (Panchas) for cross-examination constitutes a violation of natural justice. The Court held that where the scope of a search warrant is disputed, the non-production of material witnesses prevents the appellants from effectively challenging the search's legality. Consequently, the High Court's order was set aside due to this procedural breach, rejecting the argument that no prejudice was caused.