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J. B. PARDIWALA, MANOJ MISRA
Rajkumar Hariram Gameti – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. background facts of the case. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4 , 5) |
| 3. court's analysis of the applicable law. (Para 6 , 10) |
| 4. established legal principles regarding confessions. (Para 7 , 8 , 9) |
| 5. conclusion: appeal succeeds and earlier conviction overturned. (Para 11 , 12) |
ORDER :
1. This appeal is at the instance of a convict accused (original accused no.2) and is directed against the judgment and order passed by the High Court of Gujarat at Ahmedabad dated 30.09.2008, in Criminal Appeal No. 90/2004, by which the High Court dismissed the appeal filed by the appellant herein and thereby affirmed the judgment and order of conviction dated 21.06.2003 passed by the Additional Sessions Judge and Fast Track Judge Court, Sabarkantha at Modasa in NDPS Case No. 02/2000 holding the appellant herein guilty of the offences punishable under Sections 8 (c), 21(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
2. The short facts necessary to be narrated for disposal of this appeal are as under:-
2.1 It appears from the materials on record that five individuals, including the appellant he
Confessions recorded under Section 67 of the NDPS Act are inadmissible for conviction, altering the evidentiary landscape regarding drug-related offenses.
Confessions of co-accused are inadmissible against another accused without corroborative evidence, leading to quashing of proceedings due to lack of substantive evidence.
Confessional statements made to officers under the NDPS Act are inadmissible, and mere dock identification is insufficient for conviction.
Confessional statements of co-accused, lacking corroborative evidence, cannot establish guilt against another accused under the NDPS Act, resulting in quashing of proceedings.
The main legal point established in the judgment is the inadmissibility of confessional statements made by the accused under the NDPS Act, as interpreted by the Supreme Court, and the retrospective a....
Confessional statements of co-accused, without corroboration, cannot sustain criminal charges against another accused under the NDPS Act.
The threshold requirements of a confessional statement and the lack of recovery of contraband from the accused's possession are crucial factors in determining the conviction under NDPS Act.
Point of Law : In the absence of there being any other material available with the prosecution connecting the petitioner with the commission of offence alleged against him, except the statement of th....
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