Supreme Court: Articles Handed Over During Personal Search Not Recoveries Under Section 27 Evidence Act

The Supreme Court held that incriminating articles handed over by an accused to the police during a routine personal check cannot be treated as recoveries under Section 27 of the Evidence Act. 

The Court clarified that for Section 27 to apply, there must be prior concealment of a fact or object by the accused, followed by its discovery as a direct result of information provided to the police.

Articles already in the accused’s possession at the time of arrest, which could have been seized through a simple search, do not meet this requirement.

While modifying the conviction, the Court reduced the sentence to 25 years’ imprisonment without remission.

[Shaik Shabuddin v. State of Telangana]