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february 1997

Supreme Court of India · 1997-02-03

K.I. PAVUNNY vs THE ASSISTANT COLLECTOR

Citation / case number
SC 1988/69145
Court
Supreme Court of India
Petitioner
K.I. PAVUNNY
Respondent
THE ASSISTANT COLLECTOR
Author
K. Ramaswamy
Bench
K. RAMASWAMY,S. SAGHIR AHMAD,G.B. PATTANAIK

Judgment text excerpt

The Supreme Court addressed the admissibility of a retracted confessional statement under Section 108 of the Customs Act, 1962, determining that such statements can be admissible but require corroboration from independent evidence. The Court emphasized that the prosecution must prove beyond reasonable doubt that the accused had conscious possession of the contraband. The appeal was allowed, overturning the High Court's conviction and restoring the Magistrate's acquittal due to insufficient evidence.

K.I. PAVUNNY vs THE ASSISTANT COLLECTOR · Niyam