Amendment status not verified — confirm the current text below against the official source.
'Discovered.' The recovery of the articles cannot be described as a discovery under section 27 where they are not recovered from any hidden place and if in the normal course of investigation the investigating agency is bound to see them and take them in possession without the accused making any statement of pointing of them out. It has become the normal device of the investigating agency to turn an ordinary recovery into a discovery in order to utilise the provisions of section 27 against the accused person. Where the evidence on record shows that the discovery of the article was not the result of the information furnished by the accused and that the police knew before hand what the accused was going to say that would be hit by Section 27. But that section will not apply where the discovery is made as the accused have pointed out the articles before the Panches and panchnamas were completed at the places where the articles were recovered. 'Discovery' implies finding out a thing from being concealed or secreted which cannot be easily seen or discovered on making a search of the house or so. It should lead to discovery of such articles only on the basis of the information given by the accused person. It is then that it can be called as discovered in consequence of that information. Where the articles were easily seen lying and no effort was necessary to find out the same except going to the house of the accused, no question of discovery of those articles would arise.