Whether the court can rely on discovery at the instance of accused if it was done when he was not accused of any offence and he was not in police cust

[Educator]

In the case on hand, though Rajesh Yadav was taken to the police station, be it on 29.03.2013 or even earlier, he could not be said to be in 'police custody' till he was arrested at 18:30 hours on 29.03.2013, as he did not figure as an 'Accused' in the FIR and was not 'Accused of any offence' till his arrest. Therefore, it was his arrest which resulted in actual 'police custody', and the