When illegality pays: Rethinking search, seizure and evidence
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Summary
Imagine a raid that has been called completely illegal by every court to have examined it. Now, imagine the evidence from that raid being used anyway - not because the law permits it, but because no one has yet squarely asked whether it still should. That is the situation after Dr Naresh Kumar Garg v. State of Haryana. The facts are unremarkable. The consequences for Indian evidence law are not.At first glance, the decision appears unremarkable - a Section 482 Code of Criminal Procedure (CrPC) q