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2009 Supreme(Online)(SC) 46

SUPREME COURT
N/A, N/A
Union of India – Appellant
Versus
Bal Mukund and Basanti Lal – Respondent
Criminal Appeal Nos. 964 and 1108 of 2000



Advocates:
For the Appellants/Petitioners: Mr. B. B. Singh
For the Respondents: Mr. Sushil Kumar, Mr. Santosh Kumar

Confessions must be corroborated and legal procedures strictly followed in drug-related offences; otherwise, convictions cannot be upheld.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 27, 42, 55, 67 - Confessions and evidence - Conviction based solely on uncorroborated confessions retracted by accused is unsustainable - Requirements of law regarding search, seizure and recording of confessions not scrupulously followed - Appeal dismissed against the acquittal of accused due to lack of corroborative evidence and procedural violations. (Paras 13, 18, 39, 42)

(B) Confession - The law requires that confessions must be corroborated if retracted - Confessions made in custody must be scrutinized to ensure they were voluntary. (Paras 15, 32, 38)

Facts of the case:
Appellants were convicted under NDPS Act for transporting opium based on purported confessions which were subsequently retracted. Legal violations during the search led to a lack of credible evidence.

Findings of Court:
The High Court found that the confessions lacked corroboration and the legal procedures were violated, thereby overturning the Trial Court's decision.

Issues: Whether the confessions, retracted and lacking independent corroboration, could be sufficient for conviction under the NDPS Act.

Ratio Decidendi: The court ruled that without strict adherence to procedural safeguards, particularly in drug-related offences, convictions based purely on retracted confessions are not valid.

Result: Appeal dismissed.

Table of Content
1. appellant's initial grievances regarding the high court judgment. (Para 1 , 2)
2. details of confessions and substance recovered. (Para 3 , 4 , 5 , 6)
3. emergence of retracted confessions and lack of corroborative evidence. (Para 8 , 12 , 14)
4. conclusion regarding procedural compliance and affirming acquittal. (Para 39 , 42)

1. Union of India is before us aggrieved by and dissatisfied with a judgment and order dated 13.05.2005 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal Nos. 964 and 1108 of 2000.

2. The factual matrix involved herein is as under:
Sub Inspector Bajrang Lal posted in the Office of the Central Bureau of Narcotics, Ratlam purported to have obtained a secret information to the effect that the respondent Nos. 1 and 2 herein Bal Mukund and Basanti Lal would be carrying about 20 Kg. of Opium on the next day. A preventive party allegedly was formed pursuant to or in furtherance of the said information. At about 0430 hours on 21.06.1998, they reached Nayapura Phanta on Ratlam Jaora Road. Respondent Nos. 1 and 2 were seen carrying cement gunny bags. They were searched. 10 Kgs. of Opium packed in 5 polythene bag of 2 Kg. each from each of them were said to have been recovered.

3. The purported confessions of the respondent Nos. 1 and 2 were recorded on 21.06.1998, unofficial translated version whereof reads as under:
"Statement of Respondent No. 1
... My father is debt ridden to Amritlal Anjana out of Rs. 38000/- out of which Rs. 18000/- has been paid now. Their balance is Rs. 20,000/-. This sum of Rs. 38000/- were given to me by Amritlal Anjana for motor for well and some amount was taken in cash. Amritlal suggested that if I wishes to liquidate my father's debt then I should away opium and give it to suggested destination. I shall give good wages against it. A sum of Rs. 3000/- were decided for carrying the opium. I came from my village Nandwell to Behpur and Basantilal who is my relative. Both met Amritlal Anjana at 10-00 night at his well Amritlal Anjana by Giving 10-000 Kgs each of us with the opium and directly to go on feet towards Nandi. He also said he would be available nearly Nandi Phanta. He said, he would give Rs. 3000/- to each by way of wages when we came on foot by & carrying 10-000 Kgs of opium and reached Nayapura Phatak then Narcotics officers detained us and took our formal search. He found opium in the bag mean for cement weight 10-000 Kgs. Which was seized by Narcotics Deptd. Raltmal and I was detained for carrying illicit opium weight 10-000 Kg. under the office of N.D.P.C. This statement I am giving voluntarily and in full consciousness whether is spoken is underwritten to which I having read and finding it to be correct put my signature.
Statement of Respondent No. 2
... On further interrogation stated that they are opium weighing 10 kg and 10 kg opium from my colleague has been recovered for which on interrogation I state truly that on 20-06-1998 Balmukund came to my village Behpur and said that we have to go to Maukhedi at the residence of Amritlal S/o Raghunath Anajan therefore I alongwith Balmukund proceeded for Behpur come to Maukhedi who Amritlal Anjana and that we should go to his well where I shall give you opium or reached the well Amritlal Anjana gave me in a bag of 10 kg of opium and 10 kg to my colleague Balmukund and we should go on foot on unconstructed road and reached Nanda Phatak where I will be awaiting nearly and collect the opium, we were coming on foot towards Nandi then Narcotics officer took our search then in the bag. I was carrying opium weighing 10 kg. was recovered and 10 kg. of opium was also recovered from my colleagues Balmukund. The opium so recovered was taken into government possession under N.D.P.S. Act, 1985. The statement which I have made is in full consciousness, voluntarily and whatever I stated is only written to which I hearing / read put my signature."




4. Indisputably, they were arrested. Thereafter also they




























































































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