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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -122-It is also pertinent to extract one of the intimationletters given by the DCP prior to the confession ofone of the accused persons. The intimation lettergiven by DCP to A-2 reads thus:“....... your statement under section 32 of thePOTA before the Superintendent of Police is tobe taken. But you are not bound to make thisstatement or confession and the confession thatyou will make could be used against you asevidence. So it is informed to you that yougive this statement willingly and free from anykind of pressure or threat or allurement.”(translation extracted from the Additionaldocuments submitted on behalf of theAppellants)81. It was held by this Court in the case of HardeepSingh Sohal & Ors. v. State of Punjab through CBI 43that the police officer recording the confessional43 (2004)11 SCC 612

Crl.A.Nos.2295-2296 of 2010 -123-statement under TADA is required to give in writing atthe end of the statement, that the accused wasinformed that the confessional statement he hasvoluntarily decided to make, can be used against himas evidence and also the fact that the accused afterfully knowing the consequences has decided to make theconfessional statement. The relevant paragraphs of thejudgment can be read as under:“16. The constitutional validity of Section 15of the TADA Act was challenged. A ConstitutionBench of this Court in Kartar Singh v. State ofPunjab upheld the constitutional validity ofthe said provision. The contention urged inKartar Singh case was that the procedure in theTADA Act is the antithesis of a just, fair andreasonable procedure and this power could beabused to extort confession by unlawful meansby using third-degree methods. This plea wasrejected on the ground that sufficientsafeguards have been made in the Rules as tothe manner in which the confession is to berecorded. Rule 15 extracted above would showthat confession shall be in writing and signedby the person who makes the confession. Thepolice officer shall also certify under his ownhand that such confession was taken in hispresence and recorded by him and that therecord contains a full and true account of theconfession made by the person and such police

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