Law: Control of Narcotic Substances Act, 1997

Section: 9C

(a)   Control of Narcotic Substances Act (XXV of 1997)---

----S. 9(c)--- Possession of narcotic--- Appreciation of evidence---Confession of accused after amendment of charge---Legality---Prosecution case was that 2300 grams charas was recovered from the possession of accused---Accused did not plead guilty to the charge, yet admitted his guilt when the charge was amended--Validity---No specific prohibition was available for recording plea of guilt at any stage of trial and such arrangement in no case was opposed to right to fair trial if accused opted to waive the same to cut short the process in order to avoid the agony or rigors of protracted trial---However, Court was always on guard to take a careful look why the accused was admitting his guilt and should ensure that the trial of offence entailing capital punishment should not be terminated merely on the admission of guilt by the accused, for which recording of evidence was essential--Admission of guilt in the present case recorded by the Trial Court could not be declared illegal in the given circumstances---Such mode was perfect, in consonance with the dictum laid down by the apex Court; therefore, impugned judgment did not suffer from any illegality and called for no interference---Appeal was dismissed in limine, in circumstances.