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may 2024

Supreme Court of India · 2024-05-13

Shento Varghese vs Julfikar Husen

Citation / case number
2024 INSC 407
Court
Supreme Court of India
Petitioner
Shento Varghese
Respondent
Julfikar Husen
Author
Aravind Kumar
Bench
Aravind Kumar, Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court addressed the implications of delayed reporting of seizure to the jurisdictional Magistrate under Section 102(3) Cr.P.C. The Court established that while the obligation to report forthwith is mandatory, the consequences of non-compliance are debated, with some views suggesting it vitiates the seizure order while others consider it a mere irregularity. The Court ultimately held that delayed reporting does not automatically invalidate the seizure order, emphasizing the need for a balanced interpretation of procedural requirements.

Shento Varghese vs Julfikar Husen · Niyam