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Supreme Court of India 2017-10-10 disposed

Santosh S/o Dwarkadas Fafat vs State of Maharashtra

Bench: 2 — Kurian

In Brief

A man accused of misappropriating food-grains under the Essential Commodities Act sought anticipatory bail after depositing the misappropriated amount. The investigating officer sought his custodial interrogation, alleging non-cooperation because he refused to confess. The Supreme Court held that refusing to confess does not constitute non-cooperation with investigation, as the right against self-incrimination is constitutionally protected. The Court disposed of the appeal, leaving the matter to the Sessions Court to decide if custodial interrogation remains necessary based on investigation materials already collected.

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Criminal Procedure Anticipatory Bail Custodial Interrogation Right Against Self-Incrimination Investigation Essential Commodities Act

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