Legal Question in Criminal Law in India
a public sector undertaking employee was arrested by police for charges of theft of govt. property and lodge FIR. Now he is in judicial custody. But the office & almirah of so arrested person is in locked condition. Now an internal committee was formed by the boss of the office to open so arrested person's office & almirah by breaking locks to recover the official documents.
Now my question is, since the case is already under police investigation, can the intenal committe carry out the same job without presence of police/permission of judicial magistrate, as there is a possibility of recovery of illegal property of the accused in his office & almirah.
Please give the reply since the matter is urgent
1 Answer from Attorneys
If theft pertained to office & almirah, then police must have sealed the same. In such case, your boss or committee can not break seal of police.
In case stolen property is likely to be found in the said office or almirah, then same should be opened in the presence of police and panch witnesses.
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