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Volume No - 18     Issue No - 15

For the reasons set out above I would conclude that the arrest was not lawful. Since that finding would not necessarily dispose of the appeal I have considered the evidence presented by the prosecution against the appellant on the charge of membership. I have reached the conclusion that the belief evidence of the detective superintendent, although admissible, was required to be supported by strong independent evidence. This is because of the breadth of the claim of privilege made by the witness and the doubts caused by the absence of certain relevant information from the material examined by him.

Judgement as it is


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