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2017 (4) TMI 1018 - HC - Indian LawsOrder of acquittal - offence under Sections 8(c) r/w 21 and 29 of NDPS Act 1985 - Held that:- In the instant case, the prosecution has established that through the confessional statement of A1 and A2 that both were conspired along with A-3 to commit the offence. The Court below considered the confessional statements of A-1 and A-2 under Section 67 of the NDPS Act and held that it is voluntary and admissible in evidence and based on the same convicted the accused for other offences. But, acquitted the accused on the ground that there is no further investigation based on the statement given by the accused. The Hon'ble Supreme Court in KANHAIYALAL case reported in (2008 (1) TMI 828 - SUPREME COURT) has held that the confessional statement recorded by the officer in the course of investigation of a person accused of an offence under the NDPS Act is admissible in evidence against him and also held that the conviction can be maintained solely on the basis of confession given under Section 67 of the NDPS Act. The confessional statement of the accused made under Section 67 of the NDPS Act is admissible in evidence. In the above circumstances, the prosecution has clearly established the conspiracy between the accused to commit the offence. Hence, the findings of the Court below that a further investigation is required in respect of the confessional statement given by the accused to prove the conspiracy is not correct. Hence, it is liable to be set aside. In the result, the Criminal Appeal is allowed and the order of acquittal of respondents for the offence under Section 8(c) r/w 29 of the NDPS Act is set aside and both the accused are convicted for the offence under Section 8(c) r/w 29 of the NDPS Act.The Registry is directed to issue notice to the respondents/accused for questioning them regarding sentence, and post the matter on 05.06.2017 for questioning the respondents.
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