Custodial confession evidence requires clear proof of voluntariness and independent corroboration before it can sustain a conviction.

Custodial statements recorded from accused persons in police custody were held unsafe to rely on where voluntariness was not clearly established. The SC noted that the appellants were interrogated while already in custody, their statements were later retracted, and the record lacked independent corroboration to support the prosecution case. In the absence of possession of the contraband by the appellants, the burden did not shift to them. A confession or statement made in police custody, particularly when retracted and uncorroborated, cannot form the basis of conviction unless its voluntary character is clearly proved and supported by independent material.

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Issues: Whether the statements recorded from the appellants while they were in police custody were voluntary and admissible, and whether conviction could be sustained on the basis of such retracted confessional statements.

Analysis: The appellants were found to be in police custody from the outset and were interrogated without being summoned as free persons. The statements relied upon by the prosecution were recorded during such custody and were later retracted. In view of the stringent safeguards under the NDPS Act and the rule against proving a confession made while in police custody, the statements required close scrutiny. The surrounding facts did not establish voluntary disclosure free from pressure, and the record did not provide independent corroboration sufficient to sustain the prosecution case. As the appellants were not found in possession of the contraband, the burden did not shift to them.

Conclusion: The custodial statements were not voluntary and could not be safely relied upon; the conviction was unsustainable.

Ratio Decidendi: A confession or statement recorded from an accused while in police custody, especially when retracted and uncorroborated, cannot form the basis of conviction unless its voluntariness is clearly established and it is supported by independent material.

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