Discharge cannot rest on a co-accused's confession alone without admissible material or independent corroboration.

At the discharge stage, the court must only assess whether the record discloses sufficient material for a prima facie case, and a strong suspicion can justify a charge only if it rests on admissible evidence capable of supporting trial. A co-accused's confession, by itself, is not sufficient material to proceed where there is no recovery from the accused and no independent evidence connecting him to the offence. A police confession is inadmissible, and without corroborative material the accused cannot be made to stand trial.

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Issues: Whether the appellant, who was charge-sheeted only under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, was entitled to discharge under Section 227 of the Code of Criminal Procedure, 1973 when the only material against him was the confession of a co-accused.

Analysis: At the stage of discharge, the court is required to sift the material only to see whether there is sufficient ground for proceeding and whether the facts emerging from the record disclose a prima facie case. A strong suspicion may justify framing of charge, but such suspicion must be founded on material capable of being translated into evidence. The sole basis against the appellant was the confession statement of a co-accused. Such a statement, by itself, cannot constitute sufficient material to proceed against the appellant. There was no recovery of contraband from the appellant and no other admissible material connecting him with the offence. A confession made before police is inadmissible in evidence, and without some independent material the appellant could not be made to stand trial.

Conclusion: The appellant was entitled to discharge, and the refusal to discharge him was unsustainable.

Final Conclusion: The order refusing discharge was set aside and the appellant was discharged from the case.

Ratio Decidendi: At the stage of discharge, a charge cannot be sustained merely on the basis of a co-accused's confession; there must be some admissible material capable of supporting a prima facie case against the accused.

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