Retracted confessions and missing corroboration cannot sustain an NDPS conviction without proof of conscious possession.

A retracted confessional statement recorded by Customs was held insufficient, by itself, to sustain an NDPS conviction without substantial independent and cogent corroboration. The prosecution also failed to prove conscious possession: the co-accused link was disbelieved, the vehicle owner was not joined, and the independent recovery witnesses were not examined. As the surviving appellant was only the driver and the defence version appeared probable, the evidence did not establish guilt beyond reasonable doubt. The conviction was therefore not sustainable and acquittal followed.

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Issues: Whether the conviction under the NDPS Act could be sustained on the basis of retracted confessional statements recorded by customs , in the absence of independent corroboration and proof of conscious possession.

Analysis: A retracted confessional statement made before a Customs Officer is not by itself sufficient to sustain a conviction and must be substantially corroborated by independent and cogent evidence. The confessions in the present case were retracted, the prosecution story linking the co-accused was disbelieved, the owner of the vehicle was not associated, and the independent witnesses to the alleged recovery were not examined. The evidence also did not satisfactorily establish that the surviving appellant was in conscious possession of the contraband, especially as he was the driver of the vehicle and the defence version appeared probable. In these circumstances, the recovery and the prosecution case were not proved beyond reasonable doubt.

Conclusion: The conviction could not be sustained and the appellant was entitled to acquittal.

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