VidhiSangh

Supreme Court of India · 04/09/2019

MOHAMMED FASRIN versus STATE REP. BY THE INTELLIGENCE OFFICER

[2019] 12 S.C.R. 465 · 2019 INSC 999

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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

  1. Whether the two confessional statements sufficiently proved the appellant’s participation and financing.
  2. Whether it was necessary to decide the broader admissibility issue to dispose of this appeal.

Held

Result

The appeal was allowed and the trial court and High Court judgments convicting the appellant were set aside. His bail bonds were discharged.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 465.