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2012 (4) TMI 208 - HC - Indian LawsWitness against himself - Issue of summons under section 108 - the petitioner has been formally accused of an offence of smuggling Red Sander Wood to Dubai and to other places, along with certain other accused persons - summons were issued to intimate that attendance of the petitioner is necessary to give evidence and to produce documents or things related to the said acts - petitioner contented that the petitioner has been arrayed as an accused in the criminal case, he cannot be compelled to give evidence in connection with the said case - he further stated that as per clause 3 of Article 20 of the Constitution of India, no person, accused of any offense, shall be compelled to be a witness against himself - no compulsion on the part of the petitioner, to produce the documents and other evidence, which would amount to infringement of the right against self-incrimination - Held that:- it is made clear that the petitioner shall not be compelled by the respondent to give evidence against himself, as he is an accused person in the alleged smuggling activities - However, the evidence obtained during the process of inquiry which had not been obtained by compulsion, could be made use of in the subsequent proceedings initiated against the petitioner or against other persons
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