R.B. SUBRAHMANYAN Vs. THE STATE OF TAMIL NADU REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT AND ORS.

JUDGEMENT

(1.) SO far as this Court is concerned, it is well established that ever though a search may be illegal or void for any reason, nevertheless, the articles recovered by means of that search can be put in evidence and that will be lawful. Illegality of search and seizure is one thing and the legality of the user of the articles is quite another. M.K. Annamalai Chettiar and Co. v. The Deputy Commercial Tax Officer, Perundurai and Anr., (1965) 16 S.T.C. 687, held that proposition. One of us decided that and that has been accepted and applied by a Division Bench in Sha Hastimal Khimchand v. The Deputy Commercial Tax Officer, Tiruchirapalli W.P. No. 1199 of 1967. This is what was held in M. K. Annamalai Chettiar and Company v. The Deputy Commercial Tax Officer, Perundurai and Anr., (1965) 16 S.T.C. 687.

(2.) ON that view, the appeal is dismissed with costs. Counsel's fee. Rs. 100.