Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Contraband - Statement u/s 67 of the Act - There were no injuries on the person of accused at the time of arrest - Accused was badly beaten up just before his arrest or immediately after his arrest - Therefore statements made to NCB officials u/s 67 of the Act cannot be called voluntarily and have to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 139 kg ganja - Confessional statement - Merely because statement of accused was recorded by Sub-Inspector of Police, that by itself would not render accused's statement unworthy of acceptance or even unworthy of being basis for conviction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confession - Recovery of 15 kg 600 gms Ganja - No force or coercion was used for recording statement of accused u/s 67 of the Act and that too when they were not made accused - Confession of accused thus, reliable - Moreover, said statement of accused was not sole basis of conviction of accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Contraband - Confessional statement of co-accused cannot be treated as evidence against other accused except in cases where there is a specific provision in law making such confession of a co-accused admissible against other accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 3.990 kg heroin - Confessional statement of co-accused - Cannot by itself be taken as a substantive piece of evidence against co-accused and can at best be used or utilized in order to lend assurance to Court - Moreover, in absence of any substantive evidence it would be inappropriate to base..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 23(C), 29, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.2 kg cocaine - Petitioner apprehended not solely on the statement of co-accused but also arrested as part of search and seizure operation from one of places which was disclosed by co-accused during operation - Not only..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 8, 18, 29 -- Confession - Recovery of 7.2 kg opium - Confessional statement of accused recorded while he was in custody and time was not mentioned on statements - Said fact is corroborated by Narcotic Officer and PW6 - Statement of accused confessing crime was thus, not voluntarily made and hence not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Statement u/s 67 of the Act - Evidentiary value - Court should not lose sight of ground realities and should take into consideration whether confession was made under duress or was voluntary in nature...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Conviction should not be based merely on statement u/s 67 of the Act, without independent corroboration...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Statement u/s 67 of the Act - If person in custody is subjected to interrogation, he must be informed in clear and unequivocal term his right to silence...........
