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    <title>2003 (2) TMI 543 - BOMBAY HIGH COURT</title>
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    <description>Article 20(3) protects against self-incrimination only when the maker is already an accused at the time of the statement. Applying that principle, the Court held that a confessional statement recorded under Section 67 of the NDPS Act by an empowered officer other than a police officer is not inadmissible on Article 20(3) grounds if it was taken before any complaint was filed and before formal accusation arose. It also distinguished Section 67 inquiry from prosecution after complaint, noting that summons or detention during inquiry does not by itself make a person an accused.</description>
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    <pubDate>Thu, 13 Feb 2003 00:00:00 +0530</pubDate>
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      <title>2003 (2) TMI 543 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=290313</link>
      <description>Article 20(3) protects against self-incrimination only when the maker is already an accused at the time of the statement. Applying that principle, the Court held that a confessional statement recorded under Section 67 of the NDPS Act by an empowered officer other than a police officer is not inadmissible on Article 20(3) grounds if it was taken before any complaint was filed and before formal accusation arose. It also distinguished Section 67 inquiry from prosecution after complaint, noting that summons or detention during inquiry does not by itself make a person an accused.</description>
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      <pubDate>Thu, 13 Feb 2003 00:00:00 +0530</pubDate>
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