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    <title>2024 (8) TMI 1048 - Supreme Court</title>
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    <description>A conviction under the NDPS Act cannot rest on a Section 67 statement treated as a confessional statement to a Section 53 officer, because such material is inadmissible against the accused. The prosecution must also prove, through legally admissible evidence beyond reasonable doubt, that the accused supplied the contraband or joined a criminal conspiracy under Sections 22(c) and 29. Where the consignment was booked by a co-accused, no recovery was made from the accused, no reliable evidence linked him to delivery or conspiracy, and a crucial transport witness was withheld, the essential ingredients of the offences are not established. The conviction was unsustainable and acquittal followed.</description>
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    <pubDate>Thu, 22 Aug 2024 00:00:00 +0530</pubDate>
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      <title>2024 (8) TMI 1048 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=757344</link>
      <description>A conviction under the NDPS Act cannot rest on a Section 67 statement treated as a confessional statement to a Section 53 officer, because such material is inadmissible against the accused. The prosecution must also prove, through legally admissible evidence beyond reasonable doubt, that the accused supplied the contraband or joined a criminal conspiracy under Sections 22(c) and 29. Where the consignment was booked by a co-accused, no recovery was made from the accused, no reliable evidence linked him to delivery or conspiracy, and a crucial transport witness was withheld, the essential ingredients of the offences are not established. The conviction was unsustainable and acquittal followed.</description>
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      <pubDate>Thu, 22 Aug 2024 00:00:00 +0530</pubDate>
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