AI Overview...
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Confession of Co-Accused as Evidence - The courts have generally held that the confession of a co-accused under the NDPS Act is inadmissible as sole evidence against an accused. Such confessions are considered unreliable unless corroborated by other evidence. Several judgments emphasize that reliance solely on a co-accused's confession is insufficient to establish guilt or deny bail ANJOOM REHAMAN @ ANJOOM S/O MUSTAFA vs STATE OF KARNATAKA - Karnataka, R.Selvakumar vs The Inspector of Police - Madras, SONA RAM Vs. STATE OF RAJASTHAN - Rajasthan.
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Impact on Bail and Quashing Proceedings - Courts have shown reluctance to grant anticipatory bail solely based on a co-accused's confession, especially when there is no direct evidence linking the petitioner to the crime. In cases where co-accused are acquitted due to lack of evidence, petitions to quash proceedings on the basis of such confessions have been allowed, highlighting the importance of corroborative evidence R.Selvakumar vs The Inspector of Police - Madras, SONA RAM Vs. STATE OF RAJASTHAN - Rajasthan.
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Legal Principles under NDPS Act - Section 67 of the NDPS Act explicitly states that confessions recorded under its provisions are not admissible as evidence. Courts require tangible evidence such as seizure, direct involvement, or corroborative proof beyond mere confessional statements to establish guilt MUHAMMED ASLAM vs STATE OF KERALA - Kerala.
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Additional Evidence and Circumstances - The presence of contraband, seizure of goods, mobile phone transactions, and other circumstantial evidence are crucial in establishing involvement. Reliance solely on confessional statements, without corroborative proof, is deemed insufficient for conviction or denial of bail Tirumalasetti Purnachandra Kumar VS State Of Andhra Pradesh - Andhra Pradesh, RAHUL SINGH vs The State of Telangana - Telangana.
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Summary and Conclusion - The consensus across judgments is that confessions made by co-accused under the NDPS Act are not sufficient on their own to implicate an individual. Courts emphasize the need for corroborative evidence to establish guilt and to justify denial of bail or to proceed with prosecution. The courts also recognize the potential for false implication based on confessional statements, underscoring the importance of a comprehensive evidentiary basis ANJOOM REHAMAN @ ANJOOM S/O MUSTAFA vs STATE OF KARNATAKA - Karnataka, R.Selvakumar vs The Inspector of Police - Madras, SONA RAM Vs. STATE OF RAJASTHAN - Rajasthan.
References:
- Tirumalasetti Purnachandra Kumar VS State Of Andhra Pradesh - Andhra Pradesh
- ANJOOM REHAMAN @ ANJOOM S/O MUSTAFA vs STATE OF KARNATAKA - Karnataka
- R.Selvakumar vs The Inspector of Police - Madras
- RAHUL SINGH vs The State of Telangana - Telangana
- Shrawan Kumar S/o Phusaram Saraswat VS Union Of India, Through Special Pp And Ncb - Rajasthan
- Danaboina Balaji vs The State Of Andhra Pradesh - Andhra Pradesh
- SONA RAM Vs. STATE OF RAJASTHAN - Rajasthan
- B. Srinivasa Rahul Rahul vs The State of Telangana - Telangana
- MUHAMMED ASLAM vs STATE OF KERALA - Kerala
Search Results for "Confession of Co Accused in Ndps Crime"
2020 0 Supreme(AP) 500 • India - Andhra Pradesh
LALITHA KANNEGANTI
The prosecution alleged the petitioner's involvement in a drug-related crime based on the confession of other accused. ... NDPS Act - Anticipatory Bail - Involvement of Petitioner in Crime Fact of the Case: The petitioner sought anticipatory ... bail in connection with a case registered under the NDPS Act. ... Learned counsel for the petitioner would submit that the petitioner who is arrayed as A-8 is falsely implicated only basing on confession of A-1. The petitione....
2025 Supreme(Online)(Kar) 13779 • India - Karnataka High Court
S VISHWAJITH SHETTY, J
... ... Ratio Decidendi: The court found that the confession of a co-accused under the NDPS Act is inadmissible as evidence against ... The confession of a co-accused that implicated the petitioner was the primary evidence against him. ... ... ... Issues: Whether a confession of a co-accused can be considered sufficient for denying bail to the petitioner? ... Learned HCGP, on instructions has submitted that except the confession statement of #HL_S....
2024 Supreme(Online)(MAD) 13420 • India - High Court of Madras
Hon`ble Mr.Justice M.DHANDAPANI
Fact of the Case: The petitioner, implicated under the NDPS Act based on the confession of another accused, sought ... to quash proceedings after co-accused were acquitted on similar charges with no evidence linking him directly to the crime. ... acquittal of co-accused in influencing the decision to quash proceedings against the petitioner, noting lack of evidence linking ... on the confession made by the first accused and due to the non- appearan....
2025 Supreme(Online)(Tel) 14903 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
Section 37 of the NDPS Act, this Court is not inclined to grant anticipatory bail to the petitioner/accused No.4. 8. Accordingly, this Criminal Petition is dismissed. ... The case of the prosecution in brief is that on 21.02.2025, on receipt of credible information, the Police apprehended the petitioner and other accused and seized 2.210 kgs of ganja. Basing on the same, present crime was registered. x 3. Heard Mr. ... Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave o....
2024 0 Supreme(Raj) 731 • India - Rajasthan
FARJAND ALI
two years without sufficient evidence linking him to the crime, and the confession of the co-accused lacked corroboration. ... Issues: Whether the accused should be granted bail despite the serious charges under the NDPS Act and the ... due to insufficient evidence against the accused. ... This court is of the view that at least there must be some corroborations or support to verify the confession made by the accused to the Police Officer while in l....
2025 Supreme(Online)(AP) 8659 • India - High Court of Andhra Pradesh
N. HARINATH, J
The petitioner, arraigned as Accused No.4 in Crime No.29 of 2025, is charged under specific provisions of the BNS and NDPS Acts. ... The petitioner contends that the only incriminating evidence is the confession of a co-accused without seizure from his custody. ... The learned counsel for the petitioner submits that except for the confession statement of the other accused, the petitioner is implicated as a co-accused, and that there has been no seizu....
2024 Supreme(Online)(RAJ) 28897 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE FARJAND ALI, J
the NDPS Act based on a co-accused's confession, despite no evidence linking him to the crime scene or possession of contraband. ... that the petitioner was not present at the crime scene and no contraband was recovered from him - The court found that the confession ... - Bail application - Accused-petitioner contended that no incriminating evidence was found against him, and he was implicated based ... This court is of the view that at least there must be some corroborations or suppor....
2025 Supreme(Online)(Tel) 17598 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioner/accused ... He further submitted that earlier accused No.2 had approached this Court and filed Crl.P.No.7437 of 2025 seeking quashment of FIR No.98 of 2025 and this Court disposed of the said Criminal Petition on 19.06.2025, with a direction to the Investigating Officer to follow the proce....
2025 Supreme(Online)(Ker) 55949 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
(2013) 16 SCC 31 that confession recorded under Section 67 of the NDPS Act is not admissible. Apart from the confession statement, the prosecution relied on the transactions found in the mobile phone of the accused No.3 and the accused Nos.1 and 2. ... The role of accused No.3 has not been mentioned in the FIR at all. The allegation against him is that he procured and delivered MDMA to accused Nos.1 and 2. The accused No.3 has been implicated on the....
2025 Supreme(Online)(Tel) 14067 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
claimed false implication based on confession of co-accused - Their judicial custody necessitated statutory bail, however, charge ... of another accused. ... from another accused. ... Learned counsel for the petitioners submitted that petitioners have not committed alleged offence and basing on the confession statement given by the other accused, they were falsely implicated in the above crime and the contraband was seized from the other accused, hen....
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