The SC allowed the appeal and set aside the dismissal of the application for discharge u/s 227 CrPC. The sole material against the appellant was the confession statement of a co-accused, which cannot be treated as admissible evidence against him at the trial stage. When there is no material that could translate into evidence, making the person stand trial would be a miscarriage of justice. The alleged offence was consumption of narcotics under the NDPS Act, but no medical examination was conducted on the appellant, and the complaint witness merely smelt the accused. In the absence of any other incriminating material, the confession of a co-accused alone cannot justify framing charges against the appellant.
The SC allowed the appeal and set aside the dismissal of the application for discharge u/s 227 CrPC. The sole material against the appellant was the confession statement of a co-accused, which cannot be treated as admissible evidence against him at the trial stage. When there is no material that could translate into evidence, making the person stand trial would be a miscarriage of justice. The alleged offence was consumption of narcotics under the NDPS Act, but no medical examination was conducted on the appellant, and the complaint witness merely smelt the accused. In the absence of any other incriminating material, the confession of a co-accused alone cannot justify framing charges against the appellant.
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