In the present case, there was a company was owned by Dalmai group namely Dalmai
airways ltd. which was registered in July 1946 and went into liquidation in June
1952. The probe indicated malpractices within the company and attempts to
conceal from shareholders, the actual state of affairs by submitting false
accounts and balance sheets. An FIR was registered on November 19, 1953, and a
request was made to the District Magistrate, Delhi, for search warrants.
Issues of the case:
The main issue that were considered were whether there was Violation of Article
19 (1) (f) (right to property which is not fundamental right now), Violation of
Article 20 (3) (right against self-incrimination) and Constitutional limitations
to the government's right to search and seizure and if this would in any way
breach the right to privacy.
A majority decision by an eight-judge Constitution bench held that the right to
privacy was not a fundamental right under the Indian Constitution and also held
that search and seizure is must for the protection of social security and also
stated that search and seizure process is temporary interference for which
statutory recognition was unnecessary.
It was considered to be a reasonable restriction of the freedoms under the
Constitution which could not be held unconstitutional. The 4th amendment of
United States of America was taken into consideration while giving the judgement
which is about the reasonable search and seizure.