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1980 Supreme(SC) 320

O.CHHINNAPPA REDDY, R.S.SARKARIA
Balkishan A. Devidayal: State Of M. P. – Appellant
Versus
State Of Maharashtra: Hari – Respondent


Advocates:
B.A.DESAI, D.K.GARG, J.L.Nain, M.N.SHROFF, R.K.GARG, RAM RAKHIANI, S.K.Gambhir, V.J.Francis

Judgment

SARKARIA, J.:- These appeals by special leave directed against judgments, dated January 17, 1974 and March 29, 1974, of the Bombay High Court, raise. among others. three important questions, namely:

(1) Whether an Officer of the Railway Protection Force, making an inquiry under the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the 1966 Act), in respect of an offence under Section 3 of that Act of unlawful possession of the railway property, is a Police Officer for the purposes of Section 25, Evidence Act and Sec. 162 of the Code of Criminal. Procedure, 1898; and as such, any confession or incriminating statement recorded by him in the course of an inquiry under Section 9 of the Act is inadmissible in evidence?

(2) Whether a person arrested by an Officer of the Railway Protection Force under Section 6 of the Act for the alleged commission of an offence under Section 3 of the Act, is a "person accused of an offence" within the meaning of Article 20 (3) of the Constitution?

(3) Whether Section 9 of the Act is violative of Article 14 of the Constitution?

The appeals arise in these circumstances :

2. The Inspector, Central Intelligence Bureau, Headquart

















































































































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