S.N. DUBE ETC. versus N.B. BHOIR

Citation: [2000] 1 S.C.R. 200 · Decided: 12-01-2000 · Supreme Court of India · Bench: G.T. NANAVATI · Disposal: Dismissed
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Judgment (excerpt)

A 
S.N. DUBE ETC. 
v. 
N.B. BHOIR 
JANUARY 12, 2000 
B 
[G.T. NANAVATI AND S.P. KURDCKAR, JJ.j 
Terrorist and Disrnptive Activities (Prevention) Act 1987, s. 15. Tmorist 
and Disrnptive Activities (Prevention) Rules, Rule 15(2) and (3) and Code 
of Criminal Procedure 1974, s. 164-Confessions of accused recorded by same 
C police officer who was supervising investigations and without inf arming ac-
cused that the statements were being recorded under TADA-Whether 
malafide--Held, on facts, no; moreover, accused made no such grievance in 
their statement under s. 313 Cr.P.C. 
D 
Mandatory requirement that police officer must explain and give 
statutory warning to accused so that confession is voluntary-Whether while 
confession is recorded in two parts warnings given while recording first part 
will hold good for recording the second part which is the real confes-
sion--Held, yes; the second part being in continuation of the first part both 
parts have to be treated as one confe.1sional statement-Further held, the 
E requirement of law was that police officer should ascertain voluntariness and 
explain to accused that confession could be used against him in evidence--On 
facts, there was no breach of rnle 15(2) of TADA Rules. 
Police officer mixing up the certificate and memorandum required to 
F be made under the mies-Statement regarding voluntariness appearing in the 
body of the confession and not at the end of it-Whether the certificates and 
memorandum should be in the exact words of Rule 15(3)(bj--Held, no 
mandatory-Though giving of statutory warning ascertaining voluntariness 
alld preparation of contemporaneous r.:cord is mandatory, the words of the 
G certificate and memorandum are not-There was no violation of rnle 
15(3/(b). 
Whether guidelines issued by High Court for recording confessions u/s. 
164 Cr.P.C. apply to those recorded u/s. 15 TADA-Held, no-Merely because 
some guidelines were not followed Rule does not deprive con/ essions of their 
H evidentiary value. 
200 
... 
S.N. DUB!:<. v. N.B. BHOIR 
201 
... 
Admissibility of confession by accused under s. 15 TADA-Held, is a A 
substantive piece of evidence and can be used against a co-accused also 
otherwise held to be voluntary and believable-Further held, on facts, the 
con/ essions of the accused 1 to 6 were voluntary and reliable and could farm 
a safe basis for convicting them. 
Test Identification Parade-Witnesses identifying accused for first time 
B 
in court during trial three years after a"est of accused-Held, not holding 
T.l.P. does diminish the evidentiary value of the identification of the accused 
in court but is co"oborated by other evidence-Evidence Act 1872, s. 9. 
Code of Criminal Procedure 1974, s. 173(8)- -Criminal investiga- c 
tion-Case initially investigated dishonestly-Despite five empty cartridges 
being recovered from spot indicating that weapon was pistol, a revolver was 
seized as the weapon of offence-Two persons sent up for trial and after 
obtaining bail they absconded-Trial not proceeded with-Later another 
police officer re-investigating and finding that acts were of te"orist nature 
attracting TADA-Trial court holding that re- investigation was done with D 
oblique motive-Held, on facts, trial court e"ed in coming to such con-
clusio~There wert doubts about the honesty of the first investigation and 
the subsequent investigation was not done with any oblique motive. 
Te"orist and Dtsmptive Activities (Prevention) Act 1987, s.3(3)-Ter-
rorist acts-<;ang warfare O"er grabbing of lmui-Confessions of A I to A ·6 
E 
revealing commission r;J ccrrmist acts by ga11gs lo which Chey belonged-Held, 
although there was no specific evidence regarding le"orist acts, con/ essions of 
A-1 toA-6 co"oborated by witnesses would prove A-I to A-6 had committed 
tmorist acts attracting s. 3(3) TADA. 
The gang of MP had accepted supremacy of the gang of BT and both F 
the gangs were cooperating with each other in committing terrorist acts 
and in carrying on the illegal activities of land grabbing. In September, 
1989, it was decided between the two gangs that BT would liquidate the 
-.. 
person whom the gang of MP wanted to eliminate and MP gang would do 
away with SD. 
G 
On October 9, 1989 one of the members of the MP gang saw SD going 
towards the Nalasopara railway station and after locating his position 
immediately rushed to the nearby hotel belonging to MP and informed 
other members of the gang including A-1. So A-1 and some othe
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