2007 (4) TMI 669 - SC - Central Excise

Whether the confessional statement would continue to hold good even if the accused is acquitted under TADA offences and there is a clear finding that TADA Act has been wrongly taken recourse to or the confession loses its legal efficacy under the Act and thus rendering itself to an ordinary confessional statement before the Police under the general law of the land?

Summary

Issues Involved:
1. Admissibility of a confession under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA Act).
2. Applicability of Section 12 and Section 18 of TADA Act.
3. Constitutionality and legislative intent of the TADA Act.
4. Interpretation of statutory provisions and legislative intent.

Detailed Analysis:

1. Admissibility of a Confession under Section 15 of TADA Act:
The primary issue was whether a confession recorded under Section 15 of TADA remains admissible for offenses under other laws if the accused is acquitted of TADA offenses. The court referenced the case of State v. Nalini, which held that a confessional statement made to a police officer under Section 15 is admissible even if the accused is acquitted of TADA offenses. The court emphasized that Section 15 has an overriding effect over the Evidence Act and the Criminal Procedure Code (CrPC), making the confession admissible for other offenses tried along with TADA offenses.

2. Applicability of Section 12 and Section 18 of TADA Act:
Section 12 allows the Designated Court to try any other offense connected with TADA offenses. The court clarified that Section 12 should be read in conjunction with Section 15, ensuring that confessions admissible under TADA remain so for other connected offenses. Section 18, which deals with the transfer of cases to regular courts, applies only at the stage of taking cognizance of the offense, not at later stages like delivering the judgment. The court rejected the argument that Section 18 could be invoked at any stage, emphasizing the clear legislative intent.

3. Constitutionality and Legislative Intent of the TADA Act:
The court upheld the constitutionality of the TADA Act, referencing the case of Kartar Singh v. State of Punjab, which validated Section 15 of TADA as intra vires the Constitution. The court noted that TADA is a special provision for extraordinary situations involving terrorism, which requires stringent measures. The legislative intent was to provide a robust legal framework to combat terrorism effectively, distinguishing terrorists from ordinary criminals.

4. Interpretation of Statutory Provisions and Legislative Intent:
The court emphasized the importance of interpreting statutes in a manner consistent with the legislative intent and the overall scheme of the Act. It highlighted that statutes must be read as a whole, and every word should be given its due place. The court referenced several judgments to underline that statutory interpretation should avoid rendering any provision redundant and should aim to achieve the legislative purpose.

Conclusion:
The court concluded that the decision in Nalini's case laid down the correct law, affirming that confessions recorded under Section 15 of TADA remain admissible for other offenses tried along with TADA offenses, even if the accused is acquitted of TADA offenses. The court reiterated the importance of judicial and prosecutorial responsibility to prevent misuse of TADA provisions and ensure their application in line with legislative intent. The appeals were directed to be listed before a regular Bench for further hearing.