The courts have taken the view there is no law in force that excludes relevant evidence on the ground that it was obtained under an illegal search or seizure, or was otherwise illegally obtained. (Shyni Varghese v. State (Govt. of NCT of Delhi), 147 (2008) DLT 691; M.P. Sharma v. Satish Chandra, AIR 1954 SC 300; State of Madhya Pradesh v. Ramesh C. Sharma, (2005) 12 SCC 628; R.M. Malkani v. State of Maharashtra, (1973) 1 SCC 471; State v. Navjot Sandhu @ Afsan Guru, (2005) 11 SCC 600)
The Supreme Court has gone to the extent f holding that “it will be wrong to invoke the supposed spirit of our Constitution for excluding such evidence…. It, therefore, follows that neither by invoking the spirit of our Constitution nor by a strained construction of any of the fundamental rights can we spell out the exclusion of evidence obtained on an illegal search.” (Pooran Mal v. Director of Inspection (Investigation), (1974) 1 SCC 345)
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