Evidence and sanction under p c act,1988
gaurishanker
(Querist) 31 August 2015
This query is : Open
I want valuable opinions of my friends on following three counts:
(1)Whether panch witnesses of a search carried out by CBI can asked questions during the course of search to the persons present on the spot of search.I am of the opinion that panchas are there only to hear and see the proceedings and as soon as they start questioning they loose their identity as panch and become a police officer.I have follwing two citations which are too old and I want a fresh judgement on this count:
(i)Naginlal Nandlal Vs State of Gujarat1961(2)Gujatat LR 664,(ii)Omarji Vs State AIR1963Guj 145,1963(2)CrLJ14
(2)I am of the opinion that when the place of purposed search is a public place and there are so many persons who can be called for being a panch witness the CBIshould have called these persons instead of managing government officers of various department a day before the search.Panch must be from the local locality.
(3)The sanctioning authority for prosecution under The P C Act,1988 have no authority to revised its earlier sanction order without assigning any valid reason.
