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august 2000

Supreme Court of India · 2000-08-07

ASST.COLLECTOR OF CENTRAL EXCISE vs DUNCAN AGRO INDUSTRIES LTD.

Citation / case number
SC 1992/79955
Court
Supreme Court of India
Petitioner
ASST.COLLECTOR OF CENTRAL EXCISE
Respondent
DUNCAN AGRO INDUSTRIES LTD.
Author
K.T.THOMAS R.P.SETHI
Bench
K.T.THOMAS R.P.SETHI

Judgment text excerpt

The Supreme Court addressed the necessity of complying with Section 164 of the Code of Criminal Procedure when Customs officers record statements under Section 108 of the Customs Act. The Court held that non-compliance with the mandatory provisions of Section 164(2) renders such statements inadmissible in evidence against the maker or co-accused. The appeal against the acquittal was dismissed, affirming the High Court's decision that the statements recorded without the required caution were inadmissible.

ASST.COLLECTOR OF CENTRAL EXCISE vs DUNCAN AGRO INDUSTRIES LTD. · Niyam