Summary
The appellant’s NDPS conviction for alleged financing and international drug trafficking rested only on his custodial confession and a co-accused’s account. Assuming admissibility without deciding the pending larger-bench issue, the Court held the evidence insufficient. The alleged intermediaries were neither examined nor prosecuted, voluntariness safeguards were unestablished, and independent corroboration linking the appellant was absent. The conviction was set aside.
Issues
- Whether the two confessional statements sufficiently proved the appellant’s participation and financing.
- Whether it was necessary to decide the broader admissibility issue to dispose of this appeal.
Held
- The prosecution had to prove financing of the specified illicit activities; its case did not concern harbouring. Virtually no evidence established the alleged financing or international trafficking by this appellant. (¶¶ 1, 2, 3)
- The co-accused’s statement supplied at most an investigative lead and an uncorroborated hearsay link through two absent intermediaries. Their non-examination left the necessary link evidence missing. (¶¶ 4, 5)
- The Court assumed the appellant’s confession admissible, leaving the larger-bench question open. Even on that assumption, voluntariness and awareness of rights had not been established, and neither statement supplied the required independent corroboration of the other on these facts. (¶¶ 6, 7)
Result
The appeal was allowed and the trial court and High Court judgments convicting the appellant were set aside. His bail bonds were discharged.