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    <title>1991 (4) TMI 137 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Confessional statements recorded by customs officers under Section 108 of the Customs Act are inadmissible unless the person is first given the caution required for a confession under Section 164(2) of the Code of Criminal Procedure. The safeguard against self-incrimination and the requirement of fairness were treated as applicable, and the absence of warning was held to be a substantial defect not cured by Section 463 of the Code. Preventive relief under Article 226 was also available where show-cause and penal consequences had already been set in motion and threatened action could affect personal liberty.</description>
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      <link>https://www.taxtmi.com/caselaws?id=43097</link>
      <description>Confessional statements recorded by customs officers under Section 108 of the Customs Act are inadmissible unless the person is first given the caution required for a confession under Section 164(2) of the Code of Criminal Procedure. The safeguard against self-incrimination and the requirement of fairness were treated as applicable, and the absence of warning was held to be a substantial defect not cured by Section 463 of the Code. Preventive relief under Article 226 was also available where show-cause and penal consequences had already been set in motion and threatened action could affect personal liberty.</description>
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