MOHAMED DASTAGIR v. THE STATE OF MADRAS

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PETITIONER: MOHAMED DASTAGIR

Vs.

RESPONDENT: THE STATE OF MADRAS

DATE OF JUDGMENT: 26/02/1960

BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P.(CJ) SARKAR, A.K. WANCHOO, K.N. SHAH, J.C.

CITATION: 1960 AIR 756 1960 SCR (3) 116 CITATOR INFO : RF 1961 SC 29 (22) R 1961 SC1808 (14) RF 1981 SC 379 (62)

ACT: Fundamental Right-Protection against conviction-Police Officer refusing offer of bribe, but asking accused to produce notes-Such Production, if under compulsion- Conviction based on such notes-Validity-Constitution if India, Art. 20 (3). Appeal against acquittal-Appearance by Counsel for accused in appeal-Non-service of notice on accused, if vitiates conviction-Code of Criminal Procedure, 1898 (Act V of 1898,) S. 422.

HEADNOTE: The appellant was tried by the Special judge Tiruchirappalli under s. 165A of Indian Penal Code for attempting to bribe K, a Deputy Superintendent of Police. The prosecution case was that in connection with the.investigation by the Inspector of Police of a case involving the appellant, the latter went to K’s bungalow and presented to him a closed envelope, that when K found that it contained currency notes he threw it away which the appellant picked up, that thereupon K asked the appellant to prod...