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PRAKASH CHANDRA GUPTA
Bherulal – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Heard.
The petitioner has filed this petition under section 482 of the Code of Criminal Procedure, for quashment of FIR No. 281/2023 registered against the petitioner at Police Station Alot, District Ratlam for commission of offence under section 8/18 and 29 of the NDPS Act.
2. Prosecution story, in brief is that on 11-5-2023, co-accused Vasudev was found having and transporting 07 kgs. of Opium by a motorcycle bearing Registration No. MP-43-DR-1346, without having any licence or authority. The police had seized the aforementioned contraband and motorcycle from the possession of co-accused. Accordingly, an FIR was lodged against him. During investigation, the petitioner was implicated in the case on the basis of memorandum statement given by co-accused Vasudev.
3. Learned counsel for the applicant/accused submits that the applicant has not committed the offence and he has falsely been implicated in the case solely on the basis of memorandum statement recorded under section 27 of the Evidence Act of co-accused Vasudev. It has further been submitted that no evidence is available against him on record. It is also submitted that the petitioner was not present at the time of offence
A co-accused's confession cannot solely support a conviction without corroborating evidence, as per the principles of admissibility under the Evidence Act.
The court emphasized the necessity of tangible evidence in criminal cases, ruling that confessions of co-accused cannot solely support a charge without independent corroboration.
Statements of co-accused, while inadmissible at trial, are relevant for guiding initial investigations, and FIRs cannot be quashed solely on this basis.
Statement of co-accused is relevant under Section 10 of Evidence Act for the purpose of carrying out further investigation – At initial stage of registration of FIR and starting of investigation on t....
Statements of co-accused are relevant for investigation but not admissible as evidence; FIRs cannot be quashed at the initial stage based solely on such statements.
Statements of co-accused, while inadmissible at trial, can guide initial investigations and do not warrant quashing of FIRs at the preliminary stage.
A memo prepared under section 27 of the Evidence Act cannot be the sole basis for prosecution; corroborative evidence is necessary to establish a connection to the offense.
Statements of co-accused can be used as clues for investigation; quashing FIR at initial stage is not permissible.
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