Superintendent of Central Tax at Office of Pr. Chief Commissioner of CGST & CX (DZ), New Delhi, India
Cases have been decided by the Hon’ble Courts wherein it has been held that the empowered departments/empowered officers have mis-used or rather abused their position and power and have planted cases on innocent persons to achieve what they could not achieve otherwise through normal legal proceedings. The planting of the narcotic or psychotropic substances are not new and some of the cases have reached the Hon’ble Supreme Court too on the issue. Cases have been fought on the ground that the accused was not arrested from the scene of crime and they have been lifted from elsewhere and the substance in question planted on them. Here, the use of location of the empowered officers during the course of search, seizure and arrest using the CDR details comes in handy for the accused. This Article gives a wholistic view of the use of Section 91 of the Criminal Procedure Code, 1973 by the accused to get hold of the withheld documents and the rulings of the Hon’ble Supreme Court, Hon’ble High Courts, Ld. Trial Courts have been lucidly discussed to drive home the point that this section is a beneficial power used not only by the Hon’ble Courts but also empowered departments and the accused.
International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 543 - 577DOI: https://doij.org/10.10000/IJLMH.113364
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