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2019 (1) TMI 828 - SC - Indian LawsConviction of the appellant - Section 21(c) read with Section 29 of the NDPS Act, 1985 - reliability on statements - Section 67 of the NDPS Act - Held that:- In the present case it is accepted that apart from the aforesaid statements of co-accused there is no material suggesting involvement of the appellant in the crime in question. We are thus left with only one piece of material that is the confessional statements of the co-accused as stated above. On the touchstone of law laid down by this Court such a confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused and can at best be used or utilized in order to lend assurance to the Court. In the absence of any substantive evidence it would be inappropriate to base the conviction of the appellant purely on the statements of co-accused. The appellant is therefore entitled to be acquitted of the charges leveled against him - the orders of conviction and sentence set aside - appeal allowed.
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