Right to enjoy life and liberty includes the right not to be disturbed. A right to be left alone is a right under Article 21 of the Constitution of India
On 7.12.2007, we carried a Supreme Court Judgement with the caption, DRI loses a narcotics case because the officer receiving the information did not record it in writing. -
The CBEC has now taken note of the judgement and has written to the field formations. The Board's letter highlights the observations of the Apex Court,
“This Court times without number has laid great emphasis on recording of reasons before search is conducted on the premise that the same would the earliest version which would be available to a court of law and the accused while defending his prosecution.”
“In the instant case, the statutory requirements had not been complied with as the person who had received the first information did not reduce the same in writing. An officer who received such information was bound to reduce the same in writing and not for the person who hears thereabout.”
Board wants the CCs and DGs to ensure that such statutory requirements read with the Court's judgement are followed unscrupulously.
CBEC's F.No. 591/29/2001- Cus (AS) Dated: 8th August, 2008