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Criminal LawSupreme Court of India

Surinder Kumar Khanna v. Intelligence Officer, Directorate of Revenue Intelligence

Criminal Appeal · 2018 INSC 658Decided 31 Jul 2018
Criminal Appeal No. 949 of 2018
Justice Abhay Manohar Sapre · Justice Uday Umesh Lalit

Background

Officers of the Directorate of Revenue Intelligence intercepted a car near Hoshiarpur and recovered about 4 kg of heroin concealed in its door, leading to the arrest of two occupants, Raj Kumar and Surinder Pal Singh. During investigation, statements recorded from these two co-accused under Section 67 of the NDPS Act named the appellant, Surinder Kumar Khanna, as having supplied the drugs for onward delivery, and he was arrested and tried along with them. The trial court convicted all three, and the Punjab and Haryana High Court upheld Khanna's conviction (reducing his sentence to 10 years), relying essentially on the co-accused's statements naming him, since no independent evidence directly linked him to the recovered heroin.

Decision Breakdown

The Supreme Court held that even assuming the co-accused's statements under Section 67 of the NDPS Act were admissible, settled law (going back to Kashmira Singh and the Constitution Bench ruling in Hari Charan Kurmi) establishes that a co-accused's confession/statement is a weak type of evidence that can only be used to lend assurance to other substantive evidence against an accused: it cannot itself form the sole basis of conviction. Since the prosecution admitted there was no other material (not even call records) independently linking Khanna to the crime, and the only "evidence" against him was the co-accused's statements, the Court found his conviction could not stand on that basis alone. It allowed the appeal, set aside the conviction and sentence, and ordered Khanna's acquittal and immediate release (unless wanted in another case).

Lesson Learnt

A person cannot be convicted of a crime solely on the strength of what a co-accused says about them: such statements can only support other independent evidence, never substitute for it; prosecutors must produce direct or corroborative evidence tying each accused to the offence.

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