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.