Search warrants in Raid- mandatory or directory – Petitioner was arrested on 23/2/1999 by I.P/CIA during said at his house as 26 K.G Charas, was recovered from a drum being inside room of his house-It appears that law givers have coached S. 20 of the Act in such manner that it does not place a mandatory obligation upon investigating agency to obtain search warrants from the Special judge before conducting a raid-All parts of a statute are required to be enforced in letter and spirit and no plea can be entertained that a particular part of a statute is redundant-But from the language employed in a statute it can be gathered whether it is mandatory or directory in its nature – In section 20 of the Act word “may” has been used with reference to obtaining search warrants by the agency who intended to effect search of a house, place, premises or conveyance etc-It is also known principle of interpretation of statute that word “may” sometimes can be used as “shall” -But perusal of section 20 of the Act suggests that law has not prescribed consequences of conducted search without obtaining the warrants from special Court-It is directory in nature, therefore, depending upon facts and circumstances of each case if the investigating agency has not obtained search warrants from special judge before conducting raid in a house for the recovery of narcotics, this reason alone would not be sufficient to vitiate the trial-There is yet another important aspect of the case whether petitioner being a citizen was not entitled for the protection of Article 14 of Constitution-Object of conducting raid after obtaining warrants of search from the court is to ensure privacy of home of a citizen in whose house raid is conducted
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