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1 - 10 of 23 (0.03 seconds)Section 27 in The Indian Evidence Act, 1872 [Entire Act]
Satender Kumar Antil vs Central Bureau Of Investigation on 11 July, 2022
13. The applicant is implicated on information given by co-accused in
police custody. The statement under Sec. 23(2) of Bhartiya Sakshya
Adhiniyam of co-accused Dinesh son of Dev Singh was recorded on
27.01.2025. Despite receiving this information, no incriminating material was
seized by the Investigation Officer showing prima-facie complicity of the
applicant in the alleged transaction resulting in the offence punishable u/Ss.
34(2) or 42 of the M.P. Excise Act. Thus, the material available on the case
diary, at present, does not reveal prima-facie complicity of the applicant in
the alleged offence. Sufficient time has elapsed since the Investigation
Officer was informed by co-accused with regard to the applicant. Presently, at
the most, the applicant is a suspect. If further investigation makes out his
complicity in the alleged offence, the applicant may be taken into custody,
however, in compliance with the guidelines laid down in the case of Arnesh
Kumar Vs. State of Bihar and Satender Kumar Antil Vs. Central Bureau of
investigation (supra). In view of above discussion, this Court is of considered
opinion that the interdict contained under Section 59A of the M.P. Excise Act
would not apply to present case.
Section 49A in The M.P. Excise Act, 1915 [Entire Act]
The Code of Criminal Procedure, 1973
Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014
13. The applicant is implicated on information given by co-accused in
police custody. The statement under Sec. 23(2) of Bhartiya Sakshya
Adhiniyam of co-accused Dinesh son of Dev Singh was recorded on
27.01.2025. Despite receiving this information, no incriminating material was
seized by the Investigation Officer showing prima-facie complicity of the
applicant in the alleged transaction resulting in the offence punishable u/Ss.
34(2) or 42 of the M.P. Excise Act. Thus, the material available on the case
diary, at present, does not reveal prima-facie complicity of the applicant in
the alleged offence. Sufficient time has elapsed since the Investigation
Officer was informed by co-accused with regard to the applicant. Presently, at
the most, the applicant is a suspect. If further investigation makes out his
complicity in the alleged offence, the applicant may be taken into custody,
however, in compliance with the guidelines laid down in the case of Arnesh
Kumar Vs. State of Bihar and Satender Kumar Antil Vs. Central Bureau of
investigation (supra). In view of above discussion, this Court is of considered
opinion that the interdict contained under Section 59A of the M.P. Excise Act
would not apply to present case.