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1975 Supreme(AP) 7

CHENNAKESAVA REDDY
BHAGWAN DAS BEHI – Appellant
Versus
UNION OF INDIA – Respondent


JUDGEMENT

1. In this petition presented under Section 482, Criminal Procedure Code the only question that arises is whether the petitioner is a person accused of an offence entitled to the protection of Article 20(3) of the Constitution of India and the statement made by him to P.W.1 on 4-9-1970 is inadmissible in evidence against him.

2. The facts giving rise to the petition may be broadly stated. The petitioner is the first accused in the case. He is the partner of the firm M/s. R.L. Bhagwan Das. Amritsar who deals in manufacture of gold ornaments and jewellery of 22 carats. Their firm gets ornaments and jewellery made out in their shop. The firm has licence No.91/Gold dealer/ASR/63 issued by the Assistant Collector, Central Excise, Amritsar to sell gold ornaments throughout India. Accused Nos.2 and 3 are the servants and authorised persons of the firm. Accused No.2 attends to the sale of old ornaments of the firm while accused No.3 assists accused No.2.Under the direction of Accused No.1 Accused Nos.2 and 3 were selling old ornaments as representatives of the firm in the various Districts of Andhra Pradesh.

3. On 28-8-1970 at about 21-45 Hrs. Accused Nos.2 and 3 were detained at Wa







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