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    <title>2009 (12) TMI 910 - Delhi high court</title>
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    <description>A retracted statement recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot sustain conviction by itself unless the prosecution proves it was voluntary and supports it with independent corroborative evidence. Here, the record showed an immediate retraction, allegations of illegal custody and coercion, defence evidence supporting those allegations, no recovery from the accused, and no independent corroboration of the alleged confession. A later statement of a co-accused did not fill that gap. On those facts, the trial court&#039;s acquittal was left undisturbed and leave to appeal was refused.</description>
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    <pubDate>Fri, 04 Dec 2009 00:00:00 +0530</pubDate>
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      <title>2009 (12) TMI 910 - Delhi high court</title>
      <link>https://www.taxtmi.com/caselaws?id=170865</link>
      <description>A retracted statement recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot sustain conviction by itself unless the prosecution proves it was voluntary and supports it with independent corroborative evidence. Here, the record showed an immediate retraction, allegations of illegal custody and coercion, defence evidence supporting those allegations, no recovery from the accused, and no independent corroboration of the alleged confession. A later statement of a co-accused did not fill that gap. On those facts, the trial court&#039;s acquittal was left undisturbed and leave to appeal was refused.</description>
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      <pubDate>Fri, 04 Dec 2009 00:00:00 +0530</pubDate>
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