Article 103: Recording the search and inventory

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 6601/2554 (2011)

   Making an arrest record that sets out the particulars of the search and the items found, together with an inventory of the property seized, complies with Section 103, and the search is lawful. Photographs of the seized property and a map of where it was found fall under Section 132 and are a matter for the inquiry official's discretion, so their absence does not make the investigation unlawful.

   The defendant argued the investigation was unlawful because there were no photographs of the seized methamphetamine, no map of where it was found, and no search record. The Supreme Court held that although gathering evidence is the inquiry official's duty under Section 131, what evidence to gather is a matter for that official's discretion under Section 132, and that here the police had made an arrest record with the particulars of the search and the items found, and an inventory of the property seized. That satisfied Section 103, so the search was lawful.

2. Arrêt de la Cour suprême n° 2892/2536 (1993)

   An arrest record is distinct from a search record; because it is an arrest record, it need not itemise the seized property in detail, and recording the items or making an inventory is sufficient, without breaching Section 103.

   Because the suspects were arrested at different places at about the same time, making the record at the police station was appropriate, and as it was an arrest record rather than a search record, it did not have to detail the seized property; recording the items or making an inventory sufficed. The investigating officer had also shown the accused photographs of the seized property. The court held there was no breach of Section 103.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.