VidhiSangh

Supreme Court of India · 31/07/2018

SURINDER KUMAR KHANNA versus INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE

[2018] 9 S.C.R. 338 · 2018 INSC 658

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court acquitted an NDPS appellant whose involvement rested solely on co-accused statements. Even assuming Section 67 statements could constitute confessions, they were not substantive evidence against another accused and could only lend assurance to independent evidence. No such linking evidence existed here. The broader Section 67 admissibility question, then pending before a larger Bench, was not decided.

Issues

  1. Whether co-accused statements alone could sustain the appellant’s conviction under the NDPS Act.

Provisions considered

Held

Result

Appeal allowed; conviction and sentence set aside and appellant acquitted. Immediate release directed unless custody was required in another offence.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 338.