Back
ABHAY S. OKA, UJJAL BHUYAN
State (CBI) – Appellant
Versus
Mohd. Salim Zargar @ Fayaz & Ors. – Respondent
JUDGMENT :
UJJAL BHUYAN, J.
Criminal Appeal No. 1681 of 2009
This is an appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 by the State (CBI) assailing the judgment and order dated 20.04.2009 passed by the 3rd Addl. Sessions Judge, Jammu (briefly ‘the Special Court’ hereinafter). By the aforesaid judgment and order, the Special Court acquitted the respondents in CBI Case No. RC 5(S)/1990 for the offences under Sections 118, 302, 368 and 365 of the Ranbir Penal Code, 1932 (RPC) and under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, hereinafter referred to as the TADA Act (since repealed).
2. Genesis of the case can be traced to FIR No. 55/1990 registered at Police Station Nageen, Srinagar under Sections 364, 341 and 120-B of RPC read with Section 3(2) of the TADA Act. The FIR was lodged on the basis of a complaint filed by Shri Ghulam Nabi Dar, a driver of Kashmir University. Informant alleged that on 06.04.1990 at about 04.20 pm, Dr. Mushir-ul-Haq, Vice Chancellor of Kashmir University, and his Personal Secretary Shri Abdul Gani Zargar were kidnapped by armed terrorists from their official car outside the Sad
Confessions under the TADA Act must adhere to strict procedural safeguards; failure to comply renders them inadmissible, impacting the prosecution's burden of proof.
Confessional statements of co-accused, lacking corroborative evidence, cannot establish guilt against another accused under the NDPS Act, resulting in quashing of proceedings.
Confessional statements made to officers under the NDPS Act are inadmissible, and mere dock identification is insufficient for conviction.
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
Confessions made under the Wild Life (Protection) Act must be recorded in strict compliance with legal safeguards to be admissible, and the prosecution bears the burden of proving guilt beyond a reas....
Confessional statements of co-accused, without corroboration, cannot sustain criminal charges against another accused under the NDPS Act.
Confessions made in police custody are inadmissible unless recorded in the presence of independent witnesses and linked to the discovery of evidence, highlighting the necessity for proper procedural ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
