three accusedAfzal, Shaukat
and Gilani expressed their desire to make confessional statements before the
authorized officer.
On 20th December, PW80 made an application before ... Special
Cell) (PW60) for recording the confessional statements of these three accused.
PW60 gave directions to PW18 to produce the three accused at the Officers
follows:
“24.1. The conviction is based solely on the purported
confessional statement recorded under Section 67 of the
NDPS Act which has no evidentiary value ... Section 25 of the Evidence Act.
(b) No such confessional statement could be recorded
under Section 67 of the NDPS Act. This provision
empowers
appears that, on 30th November, Sarwan Singh offered to make a confessional statement and the confession was in fact recorded on the same ... approver and it is corroborated in every particular by his own confessional statement.
Besides, there is other circumstantial evidence to which reference has already been
foremost,
submitted that reliance on the confessional statement made by A-117 is
impermissible. He pointed out that the contention that the judgments of
this ... prosecution.
Confesssional Statement of Sanjay Dutt (A-117)
18) The confessional statement of A-117 was duly recorded under Section
15 of TADA
petition Ext. 3 before the Chief
Judicial Magistrate for recording his confessional
statement. The Judicial Magistrate, Shri Bhuneshwar Ram PW
76 recorded the confessional statement ... made the confessional statement.
36.After the perusal of the statement of Ram Sagar PW 3 as
well as the statement of learned Magistrate Shri
Supreme Court.
The question before the court was whether the whole
confessional statement in the first information report was
banned ... confessional part, then the
severable part could be tendered in evidence. We think that
the separability test is misleading, and the entire
confessional statement
thereof.
When the investigation was pending, A4 volunteered to
make a confessional statement which was recorded by
Shambulingappa (PW50), a Judicial Magistrate on 20.9.1993
after ... statement.
It is worth noticing that in the statement recorded under
Section 313 of the Cr.P.C., A4 denied of having made the
confessional
empowered to obtain a
statement. Once the said statement is made it can also be construed as
confessional statement since there is no specific provision ... voluntary statement under Section 67 of the NDPS
Act. The accused also gave another statement for supply of heroin to
Guddu Singh. The confessional statement
trustworthy and no
credence should be given to their statements and confessional
statements were procured by the investigating agency under
threat and coercion. The High ... recording statement under Section
164 Cr.P.C. and he refused to make a statement. However, on
31.08.1999, he made a confessional statement
passed by a two-Judge Bench, to consider whether the
confessional statement of the appellant given to the Customs
officers under Section ... evidence and could form basis for conviction
and whether retracted confessional statement requires
corroboration on material particulars from independent
evidence? In support of the reference
