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Supreme Court of India 2023-09-22 partly_allowed

BALWINDER SINGH (BINDA) vs THE NARCOTICS CONTROL BUREAU

Bench: 3 — B.R. Gavai, Hima Kohli, Prashant Kumar Mishra

In Brief

On 12 December 2005, the NCB laid a naka and intercepted a vehicle driven by Satnam Singh, recovering four packets of heroin (4 kg). Balwinder Singh, who had fled the scene, was later arrested. Both were convicted and sentenced; Balwinder Singh received death, Satnam Singh received 14 years imprisonment. The High Court upheld Satnam Singh's conviction but commuted Balwinder Singh's sentence to 14 years. The Supreme Court held that following Tofan Singh (2020), confessional statements recorded by NCB officers under Section 67 NDPS Act are inadmissible and Balwinder Singh's conviction, resting solely on such statements, must be set aside. Satnam Singh's conviction was upheld as it rested also on direct evidence: possession and driving of the vehicle with recovered heroin, consistent testimony of independent witness, and chemical analysis confirming heroin. The Court acquitted Balwinder Singh and dismissed Satnam Singh's appeal.

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Narcotic Drugs and Psychotropic Substances Act Confessional Statements Criminal Procedure Evidence Law Admissibility Possession of Contraband Burden of Proof Constitutional Rights

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