Supreme Court of India · 1979-01-30
SEVANTILAL KARSONDAS MODI vs STATE OF MAHARASHTRA & ANOTHER
- Citation / case number
- SC 1973/60220
- Court
- Supreme Court of India
- Petitioner
- SEVANTILAL KARSONDAS MODI
- Respondent
- STATE OF MAHARASHTRA & ANOTHER
- Bench
- KOSHAL, A.D.
Judgment text excerpt
The Supreme Court held that the confession made by the appellant to Customs Officials was inadmissible under Section 24 of the Evidence Act, as it was not voluntary due to the coercive circumstances surrounding its extraction. The Court found that the Customs Officials were 'persons in authority' and that the appellant had proven the existence of circumstances indicating that his confession was obtained under duress. The conviction under Section 120B IPC read with Section 135(1)(a) of the Customs Act was overturned, allowing the appeal.