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2020 Supreme(MP) 220

VIRENDER SINGH
Jaswant Singh : Madanlal & Vinod : Vikram : Mumtaj Hussain : Kailash @ Kailashchand – Appellant
Versus
State Of M. P. – Respondent


Advocates Appeared:
Shri N.J.Dave, Learned Counsel, for the Appellant in CRR, No. 511/2019; Shri Abhay Saraswat, Learned Counsel, for the Appellant in CRR. No. 542/2019, CRR.No.5367/2019; Shri Abhishek Rathore, Learned Counsel, for the Appellant in CRR. No. 4263/2019; Shri Amit Singh Sisodiya Learned Counsel, for the Appellant in CRR. No.5241/2019; Shri Sandeep Mehta, Learned Public Prosecutor, for the Respondent State in, CRR No. 511/2019; Shri R.S. Darbar, Learned Public Prosecutor, for the Respondent State in CRR. No. 4263/2019, CRR.No.5367/2019; Shri Saaransh Jain, Learned Public Prosecutor, for the Respondent/State in CRR. No. 5241/2019

JUDGMENT

1. As common question of law, as to whether information given by an accused in his disclosure statement before the police recorded under Section 27 of the Indian Evidence Act, 1872 (hereinafter referred to as 'Act of 1872') which does not lead to discovery of any fact in pursuant thereto, is admissible in law more particularly against any co-accused or as to whether a person can be convicted only on the basis of such information or such confessional statement given by himself or by co-accused, is involve in all these petitions, therefore, they are heard analogously and are being decided by this common order.

2. All the petitioners have challenged the order framing charge under Section 8/18 read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity here-in-after referred to as the NDPS Act) invoking revisional jurisdiction of this Court under Section 397/401 Cr.P.C. asserting that they are being prosecuted only on the basis of totally inadmissible evidence i.e. the disclosure statement made by the co-accused to the police, which is blatant infr

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