Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Pilfering 10 kgs of heroine from Malkhana - Confession - Statement of accused recorded during an inquiry has to be read alongwith S.35A of NDPS Act as sufficient to enable the prosecution to prove culpability of accused without having to prove mens rea which is even otherwise writ large on the statement..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Pilfering 10 kgs of heroine from Malkhana - Retracted confession - Accused retracted after two months from the statement given u/s 67 of Act - Retraction by accused does not detract from the admission made in his statement recorded u/s 67 of Act - As the retracted statement may form the basis of a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 30 -- Pilfering 10 kgs of heroin from Malkhana - Confession of co-accused - Joint trial - Normally, statement of a co-accused, cannot be read against the other but an exception to this rule is set out in S.30 of Evidence Act when there is a joint trial - Since both accused persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 33.7 kg of Ganja - Confessional statement - Accused mentioned in the concluding part of statement that during search of his house searching officers caused no loss or damage to any of his properties and they had not subjected him to any harassment or ill treatment also - Such statement is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 11.976 kg of heroin - Statement of accused u/s 67 of Act - Such statement is admissible in evidence as same is made prior to arrest of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 23, 67 -- Contraband - Confession - Retracting - Not at the earliest opportunity - Retracting of confession for the first time in statement u/s 313 Cr.P.C., that it was not voluntary and that it was recorded forcibly appears only after thought and unacceptable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of opium - Confession - Seizure of drug from truck being driven by accused finds corroboration from his statement u/s 67 of Act - Statement duly proved by PW5 who recorded the same - Said confessional statement made voluntarily can be safely used for convicting accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 67, Evidence Act, 1872, Section 25 -- Recovery of contraband - Retracted confession - Appellant retracted from his confession only at the time of recording of statement u/s.313 Cr.P.C. - Confessional statement corroborated by statements of PW4 & PW5 who have seen appellant throwing packet while raising..........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 67 -- Recovery of contraband - Confession - Proof - Contention that independent witnesses associated at time of recording of confessional statement were not examined - Held, recording of confessional statement is by an empowered officer, therefore, such statement can be..........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 67 -- Recovery of contraband - Confessional statement - Perusal of confessional statement shows that appellant gave graphic detail of manner of operation regarding importation/transportation of drug - Such statement stands corroborated by confessional statement of co-accused -..........
