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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. JUSTICE G.K. ILANTHIRAIYAN, J
Ezhilarasan – Appellant
Versus
State rep. by The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. petitioner implicated based on co-accused's confession (Para 2) |
| 2. no recovery from petitioner (Para 3 , 4 , 5) |
| 3. petitioner's counsel argues lack of evidence (Para 6) |
| 4. confession cannot be substantive evidence (Para 7 , 8) |
| 5. court reviews evidence and statements (Para 9 , 10) |
ORDER :
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.155/2022 on the file of the Additional District and Special Court for trial of cases under the E.C. Act, Coimbatore, for the offences under Sections 8(c) r/w20(b)(ii)(B) and 29(1) of the NDPS Act, 1985.
2. The case of the prosecution is that on 01.06.2021 at about 12.30 p.m., while the 1st respondent is involved in vehicle checkup near Kumarasamy Hospital, Periyar Nagar, Erode, some unknown persons, on seeing the police jeep, attempted to escape. On enquiry, the 1st respondent seized 120 gms. of contraband from A-8. Thereafter, after recording their confession, seized 2 kgs. of ganja from them. Thereafter, registered an FIR in crime No.320/2021 for the offences under Sections 8C, 20(b)(ii)(B) and 29(1) of NDPS Act, 1985. NDPS Act, 1985.
3. After completion of investigation, filed a final report against the
Confession of a co-accused cannot serve as substantive evidence against another co-accused; absence of other evidence entitles the accused to benefit of doubt.
Confession of a co-accused cannot serve as substantive evidence against another co-accused; absence of other evidence entitles the accused to benefit of doubt.
A co-accused's confession cannot be considered substantive evidence against another accused without corroborating materials, necessitating quashing of proceedings lacking such evidence.
Confession of a co-accused cannot serve as substantive evidence against another co-accused without corroborative material.
Framing of charge – Only based on confession statement of co-accused and without any materials to implicate accused no charges can be framed.
Confessions of co-accused before police are inadmissible as evidence, necessitating physical evidence for charges under narcotics laws.
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