Thu. Apr 22nd, 2021

National Agricultural Coop … vs Earthtech Enterprises Ltd & Ors on 9 May, 2017

1 min read

1. Present application has been filed by the respondent no. 2-
applicant seeking discharge from compulsion from answering the

CONT.CAS(C) 875/2009 Page 1 of 6
questionnaire prepared by the petitioner-NAFED on the ground that it
infringes the petitioner’s fundamental right guaranteed under Article
20(3) read with Article 21 of the Constitution of India.
2. Though the counsel for the applicant has handed over a brief
description of Merchanting Trade Transaction (MTT) which is taken
on record, yet he submits that as the applicant is already an accused in
a criminal trial, he has a right of silence. According to him, asking the
respondent no. 2 to answer the questionnaire prepared by NAFED or
any question put by this Court, would be violative of the Constitution
as the same prohibits self-incrimination.

Source: Indian Kanoon

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