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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Fakrudeen @ Irfan, Son Of Mr. Abdul Rahiman – Appellant
Versus
State, By Urva Police Station, Represented By The State Public Prosecutor, High Court Of Karnataka, Bengaluru – Respondent
| Table of Content |
|---|
| 1. lack of recovery from the petitioner. (Para 2 , 3 , 4) |
| 2. reliance on co-accused statements examined. (Para 5 , 6) |
| 3. final decision on quashing proceedings (Para 7) |
| 4. confessions under duress are inadmissible. (Para 8) |
ORDER :
(S.R. KRISHNA KUMAR, J.)
In this petition, the petitioner seeks the following reliefs.
"A) To call for records, on the file of the learned Principal District Judge, Mangalore, Dakshina Kannada in Spl.C.No.19/2021;
B) To quash the impugned final report submitted by the respondent Police Urva P.S., against this petitioner in Crime No.133/2018 for the offence p/u/s/ 8(c), 20(b), ii(a), 21, 21(c) of the NDPS Act 1985 (Annexure C) pending before Principal D. J. Mangaluru;
C) To quash the impugned order dated 28.01.2021 passed by the learned Principal District Judge, Mangaluru, Dakshina Kannada has taken cognizance of the offence punishable under Section 8 (c), 20(b) ii(a), 21, 21(c) of the Narcotic Drug and Psychotropic Substances Act, 1985 against the petitioner in Spl.C.No.19/2021 (Annexure -D); D) To grant such other order, directions, relief/s as this Hon'ble Court deems fit under the circumstances of the case, in the interest of justice and equity
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 of co-accused, without corroboration, cannot sustain criminal charges against another accused under the NDPS Act.
Confessional statements under Section 67 of the NDPS Act are inadmissible without corroboration, leading to quashing of proceedings against the accused.
Confessional statements of co-accused, without independent corroboration, are inadmissible under the NDPS Act, resulting in quashing of proceedings against the accused.
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 are inadmissible under Section 67 of the NDPS Act, making them insufficient to continue proceedings against another accused without corroborative evidence.
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