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Validity of conviction made - conviction based solely on the ...


Conviction Based Solely on Confession Under NDPS Act Section 67: Constitutional Concerns and Evidence Act Implications.

November 3, 2020

Case Laws     Customs     SC

Validity of conviction made - conviction based solely on the purported confessional statement recorded under Section 67 of the NDPS Act - evidentiary value present or not - to arrive at the conclusion that a confessional statement made before an officer designated under section 42 or section 53 can be the basis to convict a person under the NDPS Act, without any non obstante clause doing away with section 25 of the Evidence Act, and without any safeguards, would be a direct infringement of the constitutional guarantees contained in Articles 14, 20(3) and 21 of the Constitution of India. - SC

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