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Manjit Singh @ Mange vs C.B.I on 25 January, 2011 cites

State Of Tamil Nadu Through ... vs Nalini And 25 Others on 11 May, 1999

(19) This issue was raised before the learned Designated Judge (TADA). The learned Judge has answered the issue and in his opinion, Babloo was not tried for offences under the TADA Act, only due to the extradition terms that were agreed by Union of India with Singapore Government. He has further stated that it was only due to this technicality that Babloo was not tried for offences under the Act, though his actions fully justified a trial for offences under the Act. It is this reasoning of the learned Designated Judge that was commented and taken exception to by learned senior counsel Shri K.T.S. Tulsi. We have already noticed that the submission of the learned senior counsel is that confession made by the co-accused charged under the TADA Act cannot be used against co-accused who is not charged and tried under the TADA Act. The learned senior counsel, while relying on the observations made by this Court in the case of Baba Peer Paras Nath vs. State of Haryana, (1996) 10 SCC 500, in aid of his submission, would further contend that this Court in the case of State vs. Nalini, (1999) 5 22 SCC 253 and the Constitution Bench decision of this Court in the case of Prakash Kumar@Prakash Bhutto vs. State of Gujarat, (2005) 2 SCC 409, did not deal with the admissibility of a confession statement made by an accused under the TADA Act against co-accused not charged under the Act or the rules framed thereunder and therefore not applicable to the facts of the case.
Supreme Court of India Cites 95 - Cited by 592 - D P Wadhwa - Full Document
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