Law: Control of Narcotics Substances Act, 1997

Section: 9

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9--Confessional statement--Admission--Acquittal of--Recovery of 25 kilo of charas--It is not open to accept only a part of the confessional statement of the petitioner and reject the other part while maintaining his conviction--Confession has to be read as a whole and not by relying only on the inculpatory part of the confession/the statement--Prosecution must prove its case against the accused beyond reasonable doubt irrespective of any plea raised by the accused in the defence--While deciding a case, the Court should first discuss the prosecution evidence--Then examine the statement of the accused u/S. 342 of the Code, statement under section 340(2) of the Code--A confession is to be rejected or accepted as a whole--Court cannot accept the inculpatory element and reject the exculpatory element and reject the exculpatory element as inherently incredible--Where the prosecution fails to prove its case through cogent, reliable and trustworthy evidence--The same has to be considered to toto and the exculpatory parts of the confession cannot be rejected--Prosecution evidence doubtful and while considering the confessional statement as a whole, observed that the same was exculpatory confession and from the said confession, conscious knowledge and conscious possession of the narcotics, qua the appellant, is not established--Conviction on such exculpatory statement/confession is not sustainable--Appeal is allowed. 2021 SCMR 363; 2019 SCMR 1300; 2018 SCMR 2039; 2015 SCMR 1002; 2012 SCMR 577; PLD 1994 SC 879; 2009 SCMR 736 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--The statement of an accused recorded under section 342 of the Code may be taken into consideration but the Court cannot select out of the statement the passage which goes against the accused. PLD 1991 SC 520 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 164/364--It is not open to the Court to accept only some part of the confessional statement and reject the other part while awarding conviction. 1994 SCMR 1504 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 164/364--Confession has to be read as a whole and…

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