Sunderbhai Ambalal Desai v. State Of Gujarat

Sunderbhai Ambalal Desai v. State Of Gujarat

(Supreme Court Of India)

Special Leave Petition (Criminal) No. 2745 Of 2002 | 18-11-2002

1. Heard learned counsel for the parties.

2. In our view, no further directions are required to be given in these matters. However, it is made clear that in case where accused disputes that he is not involved in the alleged incident and no article was found from him then such endorsement be taken on the photograph. Further with regard to the vehicle also, it is made clear that there may not be any necessity of producing the vehicle before the Court and the Seizure Report may be sufficient.

3. The Special Leave Petitions are disposed of, accordingly.

Advocate List
Bench
  • HON'BLE MR. JUSTICE M.B. SHAH
  • HON'BLE MR. JUSTICE D.M. DHARMADHIKARI
Eq Citations
  • 2003 (1) RCR (CRIMINAL) 380
  • 2002 (4) CRIMINALCC 689
  • 2002 (8) SCALE 516
  • LQ/SC/2002/1198
Head Note

Criminal Trial — Evidence — Identification of accused/witnesses — Endorsement on photograph of accused — When required — Dispute by accused that he was not involved in alleged incident and no article was found from him — Endorsement on photograph of accused, held, should be taken in such cases — Further, with regard to vehicle, held, there may not be any necessity of producing vehicle before Court and Seizure Report may be sufficient — Constitution of India, Art. 21