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In applying the discovery proviso to section 23(2) of the BSA to recovery of an object, which is the…

In Pulukuri Kottaya v Emperor (1946) the Privy Council held that the fact discovered "embraces the place from which the object is produced and the knowledge of the accused…

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In applying the discovery proviso to section 23(2) of the BSA to recovery of an object, which is the complete description of the fact discovered?

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Correct answer D

In Pulukuri Kottaya v Emperor (1946) the Privy Council held that the fact discovered "embraces the place from which the object is produced and the knowledge of the accused as to this", and the Supreme Court followed this in Jaffar Hussein Dastagir v State of Maharashtra (1970). Only information distinctly relating to that fact is provable under the proviso to BSA section 23(2), not an account of the object's past use or of the crime.

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