Quashing of Proceedings -- Accused Identified Through Disclosure by Co-Accused -- Premature quashing of NDPS trial improper
(i) Code of Criminal Procedure, 1973, S.482 -- Quashing of Proceedings -- Accused Identified Through Disclosure by Co-Accused -- Evidentiary standard required to convict at trial is distinct from threshold required to maintain a pending prosecution -- Charges cannot be quashed at the threshold merely on the ground that a confessional or disclosure statement cannot be relied upon to convict -- Determination of culpability on such material is premature at the quashing stage. (ii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.53A, S.67 -- Confessional Statement -- Disclosure by Co-Accused Under NDPS Act -- Confessional statement under Section 67 or disclosure statement under Section 53A has no evidentiary value at trial and cannot by itself lead to conviction -- Such disclosure, naming an absconding accused, remains material which the investigating officer may use to gather further evidence -- It does not disentitle the prosecution from proceeding to trial.
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