Supreme Court of India
Ayyub Etc. v. State of U.P.
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What the Court ordered
We are of the view that the learned Designated Judge should have D accepted the application for withdrawal from prosecu(ion as against the offences charged against the appellants under the TADA Act.
Judgment, page 10
From the headnote
Penal Code 1860/Terrorists and Disruptive Activities (Prevention) Act, 1987 : Sections 302 i-!w 34; 307 r/w 34/Sections 3(1)(2)(i) and 15. Charges under TADA Act and IPC-:-Confession made to Police Officer when made voluntary is admissible in evidence under Section 15 of TADA Act-Fundamental rule of evidence is that a confession made to a Police Officer by accused shall not be proved against him_-Strict procedure for recording of confession need to be followed-Confession recorded in defiance thereof becomes inadmissible in evidence. Criminal Procedure Code, 1973: Section 164 : Voluntary
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