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Dipakbhai Jagdishchandra Patel v. The State of Gujarat

Criminal Appeal · 2019 INSC 568Decided 24 Apr 2019
Criminal Appeal No. 714 of 2019
Justice Ashok Bhushan · Justice K.M. Joseph

Background

Two men were caught selling counterfeit Saudi Arabian currency notes near a road in Ahmedabad. During investigation, one of them told police that he had obtained the fake notes from the appellant's house, and the appellant was then also charged under Sections 489B and 489C IPC (using and possessing counterfeit currency) despite no recovery of any counterfeit notes actually being made from his residence. The Sessions Court framed charges against the appellant, and the Gujarat High Court declined to quash the proceedings under Section 482 Cr.P.C., relying mainly on the co-accused's statement and the appellant's own statement made to a police officer during investigation.

Decision Breakdown

The Supreme Court undertook a detailed analysis of the law on confessions versus admissions, holding that any statement made by the appellant to a police officer during investigation (including on 11.04.1996) is barred from use against him under Section 162 Cr.P.C. and Section 25 of the Evidence Act, regardless of whether it is called a "confession" or "admission." That left only the co-accused's statement implicating the appellant, and relying on precedent (Suresh Budharmal Kalani alias Pappu Kalani), the Court held that a co-accused's statement alone, with no recovery or independent material against the appellant, cannot even sustain framing of a charge. Finding no legally usable material against the appellant, the Court allowed the appeal, quashed the charge framed against him, and discharged him from the case.

Lesson Learnt

A person cannot be made to stand trial merely on the strength of what a co-accused told the police about them: the law requires some independent, legally admissible material before a criminal charge can be framed against someone.

Official source (sci.gov.in)View Judgment (PDF)

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