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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


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

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.

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.












































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