TADA confession admissibility survives acquittal on the special charge in joint trials; transfer power is limited to cognizance stage.

A confession recorded under Section 15 of TADA remains admissible in a joint trial for TADA and connected offences under Section 12, because Section 15 was construed as having overriding effect over the Code of Criminal Procedure and the Evidence Act in that trial scheme. Its admissibility does not end merely because the accused is acquitted of the TADA charge, provided the other offence was tried in the same case. Section 18 was read as permitting transfer of the case only after cognizance is taken, so the transfer power does not extend to later stages of trial.

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Issues: Whether a confession recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 remains admissible in the trial for other offences tried together with TADA offences under Section 12 even if the accused is acquitted of the TADA offences; and whether Section 18 of the Act authorises transfer of the case only at the stage of cognizance.

Analysis: Section 15 was construed with Section 12 and the Act was read as a whole to give effect to its scheme and object. The confession provision was held to have overriding effect over the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 in trials where TADA offences and connected other offences are jointly tried. The Court held that the admissibility of the confession does not cease merely because the accused is acquitted of the TADA charge, so long as the other offence was tried in the same case under Section 12. As to Section 18, the phrase "after taking cognizance" was treated as limiting the transfer power to the stage of cognizance, not to later stages of the trial.

Conclusion: The confession under Section 15 continues to be admissible for the connected other offences tried with TADA offences notwithstanding acquittal of the TADA charge, and Section 18 operates only at the stage of cognizance.

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