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TMI Blog2019 (9) TMI 830X X X X Extracts X X X X X X X X Extracts X X X X ..... sion 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 corroborative piece of evidence, has been discussed above and is of no material value. Therefore, other than the two confessional statements one of the co-accused and the other of the accused, the prosecution has gathered no evidence to link the appellant with the commission of the offence. As such, without going into the legality of the admissibility of the confession, it is held that even if these confessions are admissible then also the evidence is not sufficient to convict the accused. The Trial Court and the High Court wrongly convicted the accused - a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shment for financing illicit traffic and harbouring offenders and reads as follows: 27A. Punishment for financing illicit traffic and harbouring offenders.- Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine excee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , import inter-State and export inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf: [Provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes.] This is basically an offence for exporting or importing into India or exporting from India contraband substance. Though, the charges against the appellant were of financing and of indulging in international smuggling of contraband, virtually no evidence in this regard has been found. We now may refer to the facts necessary for disposal of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to one Nalliappan. The said Nalliappan was to further hand over the heroin to the appellant. Neither the said Mohammed from Bombay nor Nalliappan have been examined in the case nor they have been arrayed as accused. Therefore, the link evidence is totally missing. Furthermore, the allegation is only in the nature of hearsay that Mohammed had told the co-accused that he had to deliver the contraband to the present appellant. Even if we take the confession of the coaccused Hasan Mohamed (A-2) into consideration, it would only prove that Mohammed (from Bombay) had told the coaccused that Nalliappan would handover the contraband to the present appellant. This evidence of a co-accused is a very weak type of evidence which needed to be corroborat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be a corroborative piece of evidence, has been discussed above and is of no material value. Therefore, other than the two confessional statements one of the co-accused and the other of the accused, the prosecution has gathered no evidence to link the appellant with the commission of the offence. As such, without going into the legality of the admissibility of the confession, we hold that even if these confessions are admissible then also the evidence is not sufficient to convict the accused. We, accordingly, find force in the appeal. We hold that both the Trial Court and the High Court wrongly convicted the accused. We set aside the judgment of both the Courts below. Appeal is accordingly allowed. The accused is alread ..... X X X X Extracts X X X X X X X X Extracts X X X X
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