I. A. ANSARI, J.

” Whether a statement, made by an accused, admitted to have done an act, would amount to his confession if the act done is not admitted to have been done, or is not proved to have been done, knowingly and/or consciously? This is the primary question raised in this appeal. Our search, for an answer to the question, so posed, brings us to the question as to what is a ' confession-” . Yet another question, required to be answered in this appeal, is as to whether there is any difference in the use and probative value of confession made by an accused I the confession of a co-accused.

2. By the judgment, dated 14.08.2008, passed, in Trial No. 16 of 2006, by learned Additional Sessions Judge, Fast Track Court No. III, West Champaran, at Bettiah, the appellant stands convicted under Section 23 I of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ' NDPS Act, 1985-” ). In consequence of his conviction, the appellant stands, under the order, dated 20.08.2008, sentenced to suffer rigorous imprisonment for a period of twelve years and pay fine of Rs, 1,00,000/- and, in default of payment of fine, undergo simple imprisonment for three years.

3. The