Law:

Section:

(a) Criminal Procedure Code (V of 1898)...---- S.103 --- West Pakistan Arms Ordinance (XX of 1965), Ss. 13 & 20 --- Object, scope and interpretation of S.103, Cr.P.C.-Search --- Recovery --- Evidence--­ Requirements --- Exception --- Joining of two or more respectable persons from the locality to witness search --- When necessary --- Search of a running vehicle does not attract S.103, Cr.P.C.-Evidence of police officer, who made the recovery, when can be believed --- Evidence of investigating officer is as good as that of any other witness if it fulfils all the requirements which are necessary for accepting the evidence of witnesses.--[Evidence-criminal trial]. Section 103, Cr.P.C. applies with full force when search is to be made of place which is in an inhabited locality. In other words it can be said that section 103 is relatable to the place and not to the person. If place is known where search is to be made and that place is situate in a locality which is inhabited by the people, then it is necessary to join two or more respectable persons from that locality to witness the search. Main object behind section 103, Cr.P.C. is to guard against possible chicanery and concoction and for that reason witnesses from the locality are to be joined in the investigation and if this is done and for some reason subsequently in the trial Court those witnesses from the locality are not produced for the reason that they had been won over, then evidence of police officer who made the recovery can be believed if his conduct in the investigation is beyond reproach. Requirements of section 103 are no doubt mandatory and have to be fulfilled but if in the Court, evidence of such witnesses from locality could not be produced for reasons satisfactorily explained then such evidence is to be accepted and not rejected merely on the ground that on that point: there is evidence of police officer only particularly when requirements had been fulfilled. Much depends on the place where the search is to be made. Requirement of examining two witnesses from locality as contained in section 103, Cr.P.C. would not apply to a running vehicle which is stopped at some place where there are no…

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