2019 (9) TMI 830

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....accused is directed against the judgment dated 19.02.2008 of the Madras High Court whereby it upheld the judgment dated 16.12.2005 of the District and Sessions Judge, Madurai acting as the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) cases and convicted the accused along with three others for having committed offences under the NDPS Act. As far as the appellant is concerned, he was convicted for having committed offences under Section 8(c) read with 29, 21 and 23(c) and 27(A) of the NDPS Act and apart from that appellant had committed the offence punishable under Section 8(c) read with 27(A) of the Act and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay fine of Rs. 1,50,000....

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....e, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation: Provided that, and subject to the other provisions of this Act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession,....

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....(accused no.2) and his own alleged confession. As far as statement of co-accused (Ext.P41) is concerned, in that the co-accused states in great detail as to how he came into contact with one other person also called Mohammed in Bombay who had instructed him to go to Manglapuram from Bombay. There he was again asked to come to Hotel Airline at Manglapuram where he met the said Mohammed of Bombay. It was that Mohammed of Bombay, who handed over the vehicle to him and told him that 7.4 kgs of heroin is kept hidden in 7 packets in a false compartment beneath the front seat of the car. The only allegation with regard to appellant is that after taking delivery of the contraband from Mohammed of Bombay, the co-accused was to take the heroin and ha....

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....reated as a police officer, has been referred to a larger Bench in the case of Tofan Singh v. State of Tamil Nadu (2013) 16 SCC 31. We, for the decision of this case, therefore, proceed on the premise that the confession is admissible. Even if it is admissible, the Court has to be satisfied that it is a voluntary statement, free from any pressure and also that the accused was apprised of his rights before recording the confession. No such material has been brought on the record of this case. It is also well settled that a confession, especially a confession recorded when the accused is in custody, is a weak piece of evidence and there must be some corroborative evidence. The confession of the co-accused, which was said to be a corroborat....