NDLI: Mohammed Fasrin Vs. State Rep. By The Intelligence Officer

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Admissibility of NDPS act s.8(c) r/w ss.29 23(c) Confession of the co-accused 21 27(A) and s.67
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Narcotic Drugs and Psychotropic Substances Act, 1985 – s.8(c) r/w ss.29, 21, 23(c), 27(A) and s.67 – Intelligence Officer, Narcotic Department received information that at the instance of the appellant 7.4 kgs of heroin would be carried in a Toyota Qualis vehicle – Vehicle apprehended – In terms of the statement of the accused no.2 (co-accused), he met one ‘M’ from Bombay who told him that after taking delivery of the contraband from him, the coaccused was to take the heroin and hand it over to one ‘N, who was to further hand over the heroin to the appellant – Confessional statement of the appellant recorded by PW-1 – Appellant convicted u/s. 8(c) r/w ss.29, 21, 23(c) and 27(A) – Held: Allegation with regard to the appellant is only in the nature of hearsay that ‘M’ had told the co-accused that he had to deliver the contraband to the appellant – Neither the said ‘M’ from Bombay nor ‘N’ have been examined in the case nor they have been arrayed as accused – Therefore, the link evidence is totally missing– Further, admittedly the confession of the appellant was recorded after he was arrested– Issue, whether statement recorded u/s.67 of the NDPS Act can be construed as confessional statement even if the officer who recorded such statement was not to be treated as a police officer, has been referred to larger Bench in Tofan Singh v. State of Tamil Nadu – Present case is proceeded 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 record – Confession, especially a confession recorded when the accused is in custody, is a weak piece of evidence and there must be some corroborative evidence –Other than the two confessional statements, one of the co-accused and the other of the appellant, the prosecution has gathered no evidence to link the appellant with the commission of the offence – Confession of the co-accused, which was said to be a corroborative piece of evidence is of no material value – Evidence not sufficient to convict the appellant – Both the Trial Court and the High Court wrongly convicted the appellant – Judgment of both the Courts below, set aside. Evidence – Confession – Admissibility of – Discussed.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2019 INSC 999
Petitioner	Mohammed Fasrin
Respondent	State Rep. By The Intelligence Officer
SCR	[2019] 12 S.C.R. 465
Judgement Date	2019-09-04
Case Number	296

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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