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inconvenience which, under the circumstances of the
case, would be unreasonable, or his examination is
unable to take place at a time and place of his
convenience, the Court of Magistrate may appoint a
commission for the examination of the Good
Samaritan in accordance with section 284 of the
Code of Criminal Procedure, 1973 (2 of 1974) on an
application by the concerned.
3. The Superintendent of Police or Deputy
Commissioner of Police or any other Police official
of corresponding seniority heading the Police force
of a District, as the case may be, shall be responsible
to ensure that all the above mentioned procedures are
implemented throughout their respective jurisdictions
with immediate effect.
Sd/- Jt. Secretary.”
Prayer has been made on the part of the Ministry of Road
Transport and Highways of Government of India that the guidelines
notified on 12.5.2015 and the standard operating procedure notified on
21.1.2016 may be declared to be enforceable by this Court so that it is
binding on all the States and Union Territories until the Union
Government enacts a law to this effect.
13. In Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244 in
the matter of inter-country adoption and so as to prevent malpractices
and trafficking of children under the guise of adoption, this Court has
laid down certain principles and norms to be followed in the cases of
such adoption in detail, as there was absence of statutory provisions with
respect to inter-country adoptions.
14. In D.K. Basu v. State of W.B. (1997) 1 SCC 416, this Court
considering the fact that the custodial violence, torture, rape, death in
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