25
Court may also accept the same. It was held that, in order to enable the Court
to safely rely upon the evidence of the Investigating Officer, it is necessary that
the exact words attributed to the accused, as the statement made by him, be
brought on record and, for this purpose, the Investigating Officer is obliged to
depose in his evidence the exact statement and not merely say that the
discovery panchnama of the weapon of the offence was drawn up as the
accused was willing to take it out from a particular place.
30.
In Khet Singh vs. Union of India 14, this Court held that even if
there is a procedural illegality in conducting the search and seizure, the
evidence collected thereby would not become inadmissible and the Court
would consider all the circumstances to find out whether any serious prejudice
has been caused to the accused. However, this Court pointed out that if the
search and seizure were in complete defiance of the law and procedure and
there was any possibility of the evidence collected having been tampered with
or interpolated during the course of such search and seizure, then that
evidence could not be admitted. Though these observations were made in the
context of a search and seizure under the Narcotic Drugs and Psychotropic
Substances Act, 1985, they would have relevance generally.
31.
Tested against this backdrop, the manner and method in which the
panchnamas and memos were prepared in the case on hand leave the
14
(2002) 4 SCC 380
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