ISMAIL KHAN Vs. STATE OF M.P

JUDGEMENT

(1.) As common question of law, as to information given by the co-accused in his disclosure statement before the police recorded under Section 27 of the Indian Evidence Act, 1872 (hereinafter referred to as "Act of 1872"), is admissible in law against any co- accused or as to whether a co-accused can be convicted only on the basis of the information given by the accused in his disclosure statement under Section 27 of the Act of 1872, is involve in all these petitions, therefore, they all are heard analogously and are being decided by this common order.

(2.) All the petitioners have invoked inherent extraordinary powers of this Court provided under Section 482 of the Cr.P.C. or have challenged their prosecution under the revisional jurisdiction of this Court under Section 397/401 Cr.P.C. asserting that they are being prosecuted only on the basis of totally inadmissible evidence i.e. the disclosure statement of the co-accused person, which is blatant infringement of their fundamental right and cannot be allowed to continue even for a day, therefore, their prosecution be quashed or they be discharged immediately.

(3.) In all these petitions, the petitioners are impleaded in the array of the accused only on the basis of information given by the co-accused before the police under Section 27 of the Act of 1872 irrespective of the fact that their cases are under the different laws like the Indian Penal Code, 1860 (IPC), M.P. Excise Act, 1915 or the Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short NDPS, Act).