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february 1960

Supreme Court of India · 1960-02-26

MOHAMED DASTAGIR vs THE STATE OF MADRAS

Citation / case number
SC 1957/60048
Court
Supreme Court of India
Petitioner
MOHAMED DASTAGIR
Respondent
THE STATE OF MADRAS
Author
SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAHC.
Bench
SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that there was no violation of Article 20(3) of the Constitution of India as the appellant was not in the position of an accused when asked to produce currency notes, and he was not compelled to be a witness against himself. The Court also ruled that the failure to serve formal notice under Section 422 of the Code of Criminal Procedure did not vitiate the conviction since the appellant was aware of the appeal proceedings and was represented by counsel. The conviction was thus upheld.

MOHAMED DASTAGIR vs THE STATE OF MADRAS · Niyam