Gen.Manager,State Bank Of India & Ors vs Anju Jain on 25 August, 2008
26. Disclosure statement cannot be admissible as there is no recovery
pursuant to the disclosure statement and there is no independent witness to the
same. Moreover, there is a doubt as to the recovery of the alleged quarter bottles
of illicit liquor from the possession of the accused. Derivative use of custodial
statement is not permissible in law. Disclosure statement is admissible only in
evidence if something is recovered from the accused which is not within the
Digitally signed
ISRA by ISRA ZAIDI
Date:
2026.05.16
FIR No. 132/2019 Page 12 of 14 ZAIDI 15:22:46
+0530
State vs. Anju
knowledge of the police before recording the disclosure statement of the accused.
Hence, the same becomes inadmissible in law.