RAM SINGHversusCENTRAL BUREAU OF NARCOTICS

                       [2011] 5 S.C.R. 967


                          RAM SINGH                                A
                               v.
           CENTRAL BUREAU OF NARCOTICS
          (Criminal Appeal Nos. 451-452 of 2005)
                         APRIL 28, 2011
                                                                   B
    [HARJIT SINGH BEDI AND CHANDRAMAULI KR.
                   PRASAD, JJ.]

   NARCOTIC   DRUGS                 AND· "PSYCHOTROPIC
SUBSTANCES ACT, 1985.                                              C

      ss. 8 and 18-'Conscious possession'-Recovery of
 opium from a room belonging to a hotel-Conviction of the
 servant of the hotel on the basis of his confessional
 statements that he brought the opium to the hotel from the        0
 house of its owner on his direction and opium tablets were sold
 to truck drivers-Affirmed by High Court-Held: Control over
 the goods is one of the tests to ascertain conscious
 possession so also the title - A servant of a hotel cannot be
 said to be in-possession of contraband belonging to his
 master unless it is proved that it was left in his custody over   E
/which he had absolute· control - There is no evidence on
 record to suggest that the accused was in occupation of the
 room from where opium was recovered - Further, the
 evidence clearly points out that title to the opium vested in
 the owners of the hotel - Jn the face of the state of evidence    F
 it is difficult to hold that the accused was in conscious
 possession of the opium-Conviction and sentence of
 accused set aside-Evidence Act, 1872-ss.25 and 26.

     EVIDENCE ACT, 1872                                            G
                   t                '              '         '
    ss. 25 and 26 - Confession made to officer of Central.
Bureau of Narcotics-Held: The officers of the Central Bureau,
of Narcotics are not police officers within the meaning of ss.
                              967                                  H
    968     SUPREME COURT REPORTS                [2011) 5 S.C.R.

A 25 and 26 of the Evidence Act and, therefore, confessions
    made before them are admissible in evidence - Code of
    Criminal Procedure, 1973-s. 173.

         Confession - Evidentiary value of - HELD: A confession,
B if it is voluntary, truthful, reliable and beyond reproach is an
  efficacious piece of evidence to establish the guilt of the
  accused - However, before solely acting on confession, as a
  rule of prudence, the court requires some corroboration but
  as an abstract proposition of law it cannot be said that a
C conviction cannot be maintained solely on the basis of the
  confession made uls 67 of the Act.

       The appellant, who was working as a servant in a
  hotel, was arrested in connection with recovery of 2.1 kg.
  of opium from a room adjoining the kitchen of the hotel.
D While in custody of the Investigating Officer, namely, the
  Inspector, Central Bureau of Narcotics (P W-8), the
  appellant made two confessional statements (Ext. P·12
  and Ext. P-15) to the effect that he had been working in
  the hotel for two months and he brought the opium to the
E hotel from the house of its owner on his direction; and
  that the opium tablets used to be sold to the truck drivers.
  The trial court held that the appellant was in possession
  of the opium and, accordingly, convicted him u/s 8 read
  with s.18 of the Narcotic Drugs and Psychotropic
F Substances Act, 1985 and sentenced him to 10 years RI
  and to pay a fine of Rs. 1 lac. The High Court affirmed the
  conviction and the sentence.

      In the instant appeal filed by the accused, the
  questions for consideration of the Court were: (i) whether
G the confessions made before the officers of the Central
  Bureau of Narcotics were admissible in evidence; (ii)
  whether the confessions made were voluntary in nature
  and if so without corroboration, could it form the basis

H
  RAM SINGH v. CENTRAL BUREAU OF NARCOTICS 969


 for conviction; and (iii) whether the appellant could be        A
 said to be In possession of the opium or selling the same.

     Allowing the appeals, the Court
     HELD: 1.1 The officers of the Central Bureau of
 Narcotics are not police officers within the meaning of ss.     8
 25 and 26 of the Evidence Act, 1872 and, therefore,
 confessions made before them are admissible in
 evidence. [para 1OJ [977-A-B]

       1.2 The important attribute of police officer is not      C
  only to investigate but also to launch prosecution by filing
  a report or charge-sheet. True it is that s. 53 of the
  Narcotic Drugs and Psychotropic Act, 1985, confers
  powers on the Central Government to invest officers of
  the specified categories, the powers of an officer-in-         o
  charge of police station, but that itself shall not make
. them the police officers within the meaning of ss. 25 and
  26 of the Evidence Act. The power to submit report u/s
  173 of the Code of Criminal Procedure, 1973 is necessary
  to make the officers of the Central Bureau of Narcotics        E
  police officers within the meaning of ss.25 and 26 of the
  Evidence Act. The officers with whom lie the powers of
  search, seizure and investigation under the Act have not
  been conferred with the power to submit report u/s 173
  of the Code. Such officer is required to lay complaint in
  the Court of Special Judge for prosecuting an accused.         F
  Thus, the confessions made by the appellant before PW.6
  and PW.8 are admissible in evidence and cannot be
  thrown out of consideration. [para 8 and 10] [975-A-E;
  977-8]
                                                                 G
      Raj Kumar Karwal vs. Union of India and others, 1990
 (2) SCC 409; and Kanhaiyalal vs. Union of India, 2008 (4)
 sec 668 - relied on
      2.1 It is evident from s.24 of the Evidence Act that a
                                                                 H
    970     SUPREME COURT REPORTS             [2011] ,5 S.C.R.


A confession made by an accused is rendered irrelevant in
  criminal proceeding if the making of the confession
  appears to the court to have been caused by any
  inducement, threat or promise with reference to the
  charge against the accused. A confession, if it is
B voluntary, truthful, reliable and beyond reproach is an
  efficacious piece of evidence to establish the guilt of the
  accused. However, before solely acting on confession,
  as a rule of prudence, the court requires some
  corroboration but as an abstract proposition of law it
c cannot be said that a conviction cannot be maintained
  solely on the basis of the confession made u/s 67 of the
  Act. [para 12] [977-F-H; 978-A]
        2.2 When an accused is made aware of the
  confession made by him and he does not make complaint
D within a reasonable time, the same shall be a relevant
  factor to adjudge as to whether the confession was
  voluntary or not. In the instant case, the appellant was
  produced before the court on several dates and at no
  stage he made any complaint before the Special Judge
E of any torture or harassment in recording the confession.
  It is only when his statement was recorded u/s 313 CrPC
  that he retracted and denied making such a confession
  and went to the extent of saying that his signatures were
  obtained on blank pages. In the facts and circumstances
F of the case, the confessional statements made by the
  appellant were voluntary in nature and could form the
  basis for conviction. [para 13] [978-D-G]
      M. Prabhulal v. Assistant Director, Directorate of
G Revenue Intelligence, 2003 (8) SCC 449 - relied on .
      .., 3.1 In sum and substance the confession of the
    appe11ant is that he was working in the hotel for the last
    two months and brought the opium from the house of the
    hotel-owner to the hotel, where it was being sold in
H
RAM SINGH v. CENTRAL BUREAU OF NARCOTICS 971

tablets to the truck-drivers. In the confession appellant      A
has not stated or for that matter none of the witnesses
have deposed that he was involved in selling the opium-
tablets. Therefore, the appellant c.annot be held guilty for
selling opium. [para 15) [980-B-C]           ·
      3.2 It is trite that to hold a person guilty, possession B
has to be conscious. Control over th'" goods is one of
the tests to ascertain conscious possession so also the
title. Once an article is found in possession of an accused
it could be presumed that he was in conscious
possession. A servant of a hotel cannot be said to be in C
possession of contraband belonging to his master unless
it is proved that it was. left in his custody over which he
had absolute control. In the facts of the instant case, it is
difficult to hold that opium was in possession of the
appellant. There is no evidence on record to suggest that D
the appellant was in occupation of the room from where
opium was recovered. Further, the evidence clearly
points out that title to the opium vested in the owners of
the hotel. The confession given by the appellant was only
that he was servant of the owners of the hotel from where E
the opium was recovered. In the face of the state of
evidence it is difficult to hold that the appellant was in
conscious possession of the opium. Section 18 of the Act
prescribes punishment for possession and that
possession has to· be conscious. In the facts of the F
instant case, it is difficult to hold that the appellant was
in possession of the opium and, therefore, his conviction
and sentence cannot be sustained. [para 15] [980-D-H;
981-A·B]
                    Case Law Reference:                        G

    1990 (2) sec 409           relied on           para 8
    2008 (4) sec 668           relied on           para 9
    2003 (8) sec 449           relied on           para 13     H
    972      SUPREME COURT REPORTS                [2011] 5 S.C.R.


A       CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
    No. 451-452 of 2005.

         From the Judgment & Order dated 23.03.2004 of the High
    ·Court of Judicature of Madhya Pradesh at Indore in Crl. Appeal
     No. 1179 & 1523 of 1999.
B
         Sushil Kumar Jain, Puneet Jain, Nil Kumar Verma,
    Pratibha Jain for the Appellant.

          Ashok Kumar Srivastava, Sushma Suri for the Respondent.
c         The Judgment of the Court was delivered by

        CHANDRAMAULI KR. PRASAD, J. 1. Appellant
    aggrieved by his conviction and sentence is before us with the
    leave of the Court.
D
       2. According to the prosecution a secret information led
  to recovery of 2.1 Kgms. of opium by PW.7, Abdul Mazid, the
  District Opium Officer from a room adjoining the kitchen of a
  hotel situated at Sagrana on Neemuch-Chittor road. Appellant
E was working as servant in the said hotel. Jagdish Mawal (PW.6)
  the then Deputy Commissioner of Narcotics was one of the
  members of the search party, who had seized the opium, drawn
  the seizure memo and recorded the statement (Ex.P/12) of the
  appellant on the same day. PW.8, Mahaveer Singh, at the
  relevant time was working as Inspector in the Central Bureau
F of Narcotics and on 19th July, 1997 itself at 23:45 hrs., he was
  appointed as the Investigating Officer of the case. He produced
  the appellant before the Special Judge on 20th July, 1997 and
  at his request appellant was remanded to his custody till 21st
  July, 1997. He recorded the statement (Ex.P/15) of the
G appellant on 20th July, 1997. In the statement (Ex.P/12)
  appellant confessed that the opium seized was brought by him
  in the hotel. In another confessional statement (Ex.P/15)
  recorded by the Investigating Officer appellant confessed that
  he had been working in the hotel for the last two months and
H
 RAM SINGH v. CENTRAL BUREAU OF NARCOTICS 973
        [CHANDRAMAULI KR. PRASAD, J.]

brought the opium to the hotel from the house of its owner on       A
his direction. He further confessed that opium tablets used to
be sold to the truck drivers at the rate of Rs.30/- per tola.

     3. Opium seized was sent to the Forensic Science
Laboratory for examination which found presence of 4.31 per         B
cent of morphine in it. After the confessional statement recorded
by the Investigating Officer on 20th July, 1997 he produced the
appellant before the Special Judge on 21st July, 1997 along
with the case diary and the copy of the same was furnished to
him.
                                                                    c
      4. Both the confessional statements of the appellant
recorded by the officers of the Central Bureau of Narcotics were
considered admissible in evidence and relying on the same the
trial court held that the appellant was in possession of opium
and accordingly convicted him under Section 8 read with             D
Section 18 of the Narcotic Drugs and Psychotropic Substances
Act (hereinafter referred to as the "Act") and sentenced him to
undergo rigorous imprisonment for ten years and fine of Rs.1
lakh, in default to suffer rigorous imprisonment for two years.
The order of conviction and sentence has been affirmed by the       E
High Court in appeal.

     5. Mr. Sushil Kumar Jain, learned Counsel appearing on
behalf of the appellant submits that the two confessional
statements made by the appellant before the authorities of
Central Bureau of Narcotics are not only inadmissible in            F
evidence but also not voluntary and further not corroborated by
any other evidence and, therefore, the order of conviction and
sentence is fit to be set aside. He further submits that if the
confessional statements are taken in their entirety the appellant
cannot be held to be in possession of opium or selling the          G
opium so as to attract the mischief of Section 8/18 of the Act.

    6. Mr. Ashok Kumar Shrivastava, learned Counsel
appearing on behalf of the respondent, however, contends that
confessional statements made by the appellant are admissible        H
    974     SUPREME COURT REPORTS                   [2011) 5 S.C.R.


A and voluntary and that clearly establish the guilt of the appellant
  and, therefore, he was rightly convicted and sentenced.

        7. In view of the rival submissions questions which fall for
    determination in this appeal are as follows:
B       (i) Whether the confessions made before the officers of the
    Central Bureau of Narcotics are admissible in evidence;

        (ii) Whether the confessions made were voluntary in nature
    and if so without corroboration, can it form the basis for
c   conviction: and

         (iii) Whether the appellant can be said to be in possession
    of the opium or selling the same.

       8. In order to answer these questions it is expedient to
D examine the scheme of the Act. Section 42 of the Act confers
  on specified categories of officers power of entry, search,
  seizure and arrest without warrant or authorization. Section 43
  thereof confers the power of seizure and arrest. Section 51 of
  the Act, inter alia, provides application of the provisions of Code
E of Criminal Procedure to all warrants issued and arrests,
  searches and seizures made under the Act in so far as they
  are not inconsistent with its provisions. Power to call for
  information to the officers specified is conferred by Section 67
  of the Act and the confessions in the present case have been
F recorded in exercise of the said power. Section 25 of the
  Evidence Act makes confessional statement given by an
  accused before police officers inadmissible in evidence which
  cannot be brought on record by the prosecution to obtain
  conviction. Further Section 26 of the Evidence Act in no
G uncertain terms provides that the confession made while in
  custody of police officer cannot be proved against accused to
  support the criminal charge. Therefore, what needs to be
  considered is as to whether the officers of the Central Bureau
  of Narcotics, who had recorded the confessions, are police
H officers within the meaning of Section 25 and 26 of the
RAM SINGH v. CENTRAL BUREAU OF NARCOTICS 975
       [CHANDRAMAULI KR. PRASAD, J.]

Evidence Act. True it is that Section 53 of the Act confers           A
powers to the Central Government to invest officers of the
specified categories, the powers of an officer-in-charge of
police station but that itself, in our opinion, shall not make them
the police officers within the meaning of Section 25 and 26 of
the Evidence Act. The officers with whom lie 'the powers of           B
search, seizure and investigation under the ,let have not been
conferred with the power to submit report under Section 173
of the Code of Criminal Procedure. Such officer is required to
lay complaint in the Court of Special Judge for prosecuting an
accused. In our opinion the power to submit report under              c
Section 173 of the Code of Criminal Procedure is necessary
to make the officers of the Central Bureau of Narcotics police
officers within the meaning of Section 25 and 26 of the Evidence
Act. The important attribute of Police Officer is not only to
investigate but also to launch prosecution by filing a report or      D
charge-sheet. In view of the pronouncement of this Court in the
case of Raj Kumar Karwal vs. Union of India and others, 1990
(2) sec 409, this question does not need much discussion.
           a
This was case under the Narcotic Drugs and Psychotropic
Substances Act itself and on review of large number of
 authorities, this Court came to the following conclusion in          E
 paragraph 22 of the judgment which reads as follows:

     "......... The important attribute of police power is not only
     the power to investigate into the commission of cognizable
     offence but also the power to prosecute the{ offerider by F
     filing a report or a charge-sheet under Section 173 of the
     Code. That is why this Court has since the decision in
     Badku Joti Savant v. State of Mysore AIR 1966 SC 1746,
     accepted the ratio that unless an officer is invested under
     any special law with the powers of investigation under the G
     Code, including the power to submit a report under Section
     173, he cannot be described to be a 'police officer' under
     Section 25, Evidence Act.. ....... "

     9. This Court had the occasion to consider this question         H
    976       SUPREME COURT REPORTS                    [2011) 5 S.C.R.


A   further in the case of Kanhaiyalal vs. Union of India, 2008 (4)
    sec 668, wherein it has been held as follows:
                 "44. In addition to the above, in Raj Kumar Karwal
          v. Union of India this Court held that officers of the
          Department of Revenue Intelligence who have been vested
B
          with powers of an officer in charge of a police station under
          Section 53 of the NDPS Act, 1985, are not "police
          officers" within the meaning of Section 25 of the Evidence
          Act. Therefore, a confessional statement recorded by such
          officer in the course of investigation of a person accused
c         of an offence under the Act is admissible in evidence
          against him. It was also held that power conferred on
          officers under the NDPS Act in relation to arrest. search
          and seizure were similar to powers vested on officers
          under the Customs Act. Nothing new has been submitted
D         which can persuade us to take a different view.

                 45. Considering the provisions of Section 67 of the
          NDPS Act and the views expressed by this Court in Raj
          Kumar Karwal case with which we agree, that an officer
E         vested with the powers of an officer in charge of a police
          station under Section 53 of the above Act is not a "police
          officer" within the meaning of Section 25 of the Evidence
          Act. it is clear that a statement made under Section 67 of
          the NDPS Act is not the same as a statement made under
          Section 161 of the Code, unless made under threat or
F
          coercion. It is this vital difference, which allows a statement
          made under Section 67 of the NDPS Act to be used as a
          confession against the person making it and excludes it
          from the operation of Sections 24 to 27 of the Evidence
          Act."
G
         10. From what has been observed above, the officers
    vested with the powers of investigation under the Act are not
    police officers and, therefore, the confessions recorded by such
    officers are admissible in evidence. Therefore, the question
H   posed at the outset is answered in the affirmative and it is h~ld
RAM SINGH v. CENTRAL BUREAU OF NARCOTICS 977
       [CHANDRAMAULI KR. PRASAD, J.]

that officers of the Central Bureau of Narcotics are not police A
officers within the meaning of Section 25 and 26 of the Evidence
Act and, hence, confessions made before them are admissible
in evidence. In view of aforesaid there is no escape from the
conclusion that the confessions made by the appellant before
PW.6, Jagdish Mawal and PW.8, Mahaveer Singh are B
admissible in evidence and cannot be thrown out of
consideration.

    11. Now we proceed to consider the second question set
out at the outset and in order to answer that we deem it
appropriate to reproduce Section 24 of the Indian Evidence Act C
which reads as follows:

    "24.Confession caused by inducement, threat or
    promise, when irrelevant in criminal proceeding.-·A
    confession made by an accused person is irrelevant in a D
    criminal proceeding, if the making of the confession
    appears to the Court to have been. caused by any
    inducement, threat or promise, having reference to the
    charge against the accused person, proceeding from a
    person in authority and sufficient, in the opinion of the Court, E
    to give the accused person grounds, which would appear
    to him reasonable, for supposing that by making it he
    would gain any advantage or avoid any evil of a temporal
    nature in reference to the proceedings against him."

      12. From the plain reading of the aforesaid provision it is F
evident that a confession made by an accused is rendered
irrelevant in criminal proceeding if the making of the confession
appears to the Court to have been caused by any inducement,
threat or promise with reference to the charge against the
accused. A confession, if it is voluntary, truthful, reliable and G
beyond reproach is an efficacious piece of evidence to
establish the guilt of the accused. However, before solely acting
on confession, as a rule of prudence, the Court requires some
corroboration but as an abstract proposition of law it cannot be
                                                                    H
    978     SUPREME COURT REPORTS                 (2011) 5 S.C.R.


A   said that a conviction cannot be maintained solely on the basis
    of the confession made under Section 67 of the Act.

        13. Bearing in mind the principles aforesaid, now, we
  proceed to consider the facts of the present case. Appellant's
  first confession was recorded by PW.6, Jagdish Mawal on 19th
8
  July, 1997 and he was produced before the Court on 20th July,
  1997 and he made no grievance in regard to the confession
  recorded. Another confession was recorded on 20th July, 1997
  and, thereafter, he was produced before the Special Judge on
  21st July, 1997 and a copy of the police diary was handed over
C to him. This obviously would had contained the confessions
  made by him. No complaint about the same was made then
  also. Thereafter appellant was produced before the Court
  several times but he never retracted his confession. The
  appellant retracted the confession made by him for the first time
D in his statement under Section 313 of the Code of Criminal
  Procedure. In our opinion, when an accused is made aware of
  the confession made by him and he does not make complaint
  within a reasonable time, same shall be a relevant factor to
  adjudge as to whether the confession was voluntary or not. Here
E in the present case appellant was produced before the Court
  on several dates and at no stage he made any complaint
  before the Special Judge of any torture or harassment in
  recording the confession. It is only when his statement was
  recorded under Section 313 of the Code of Criminal Procedure
F that he retracted and denied making such a confession and
  went to the extent of saying that his signatures were obtained
  on blank pages. In the facts and circumstances of the case we
  are of the opinion that the confessional statements made by
  the appellant were voluntary in nature and could form the basis
G for conviction. The view which we have taken above finds
  support from the judgment of this Court in the case of M.
  Prabhu/a/ v. Assistant Director, Directorate of Revenue
  Intelligence, 2003 (8) SCC 449, in which it has been held as
  follows:
H
RAM SINGH v. CENTRAL BUREAU OF NARCOTICS 979
       [CHANDRAMAULI KR. PRASAD, J.]

          "It has been established that the Customs Office was   A
    about 20 ktn from the place where the truck and the car
    were apprehended. Having regard to the large quantity of
    the heroin, the said vehicles with Accused 2, 3 and 6 were
    brought to the Customs Office. Further, Accused 1 and 2
    did not know Tamil. A Hindi-knowing officer had to be        s
    arranged. There was, under the circumstances no delay
    in recording the statements of the appellants. Further, it
    is also to be borne in mind that the appellants did not
    make any complaint before the Magistrate before whom
    they were produced complaining of any torture or             c
    harassment. It is only when their statements were
    recorded by the trial Judge under Section 313 of the
    Code of Criminal Procedure that a vague stand about the
    torture was taken. Under these circumstances, the
    confessional statements cannot be held to be involuntary.
                                                                 0
    The statements were voluntarily made and can, thus, be
    made the basis of the appellants' conviction."

                                            (underlining ours)

      14. Same view has been reiterated by this Court in the     E
case of Kanhaiyalal (supra) in which it has been observed as
follows:

           "Since it has been held by this Court that an officer
    for the purposes of Section 67 of the NDPS Act read with
    Section 42 thereof, is not a police officer, the bar under F
    Sections 24 and 27 of the Evidence Act cannot be attracted ·
    and the statement made by a person directed to appear
    before the officer concerned may be relied upon as a
    confessional statement agains·t such person. Since a
    conviction can be maintained solely on the basis of a. G
    confession made under Section 67 of the NDPS Act, we ·
    see no reason to interfere with the conclusion of the High
    Court convicting.the appellant"

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    980      SUPREME COURT REPORTS                    [2011) 5 S.C.R.


A       The second question posed at the outset is thus answered
    accordingly.

          15. Now we proceed to consider the last question, i.e,
    Whether the appellant can be held guilty for being in possession
    or involved in selling the opium so as to attract the mischief of
8
    Section 8/18 of the Act. In sum and substance the confession
    of the appellant is that he was working in the hotel for the last
    two months and brought the opium from the house of the hotel-
    owner to the hotel, where it was being sold in tablets to the truck-
    drivers In the confession appellant has not stated or for that
C   matter none of the witnesses have deposed that he was involved
    in selling the opium-tablets. Therefore, the appellant cannot be
    held guilty for selling opium. Whether in the state of evidence
    appellant can be held guilty for possessing the opium only on
    the ground that he brought the opium from the houGe of the
D   owner to the hotel is another question which requires
    adjudication. It is trite that to hold a person guilty, possession
    has to be conscious. Control over the goods is one of the tests
    to ascertain conscious possession so also the title. Once an
    article is found in possession of an accused it could be
E   presumed that he was in conscious possession. Possession
    is a polymorphous term which carries different meaning in
    different context and circumstances and, therefore, it is difficult
    to lay down a completely logical and precise definition uniformly
    applicable to all situations with reference to all the statutes. A
F   servant of a hotel, in our opinion, cannot be said to be in
    possession of contraband belonging to his master unless it is
    proved that it was left in his custody over which he had absolute
    control. Applying the aforesaid principle when we consider the
    facts of the present case it is difficult to hold that opium was in
G   possession of the appellant. There is no evidence on record
    to suggest that the appellant was in occupation of the room from
    where opium was recovered. Further the evidence clearly points
    out that title to the opium vested in the owners of the hotel. The
    confession given by the appellantwas only that he was servant
H   of the owners of the hotel from where the opium was recovered.
RAM SINGH v. CENTRAL BUREAU OF NARCOTICS 981
       [CHANDRAMAULI KR. PRASAD, J.]

In the face of the state .of evidence it is difficult to hold that the   A
appellant was in conscious posse'ssion of the opium. Section
18 of the Act prescribes punishment for possession and that
possession, in our <;>pinion, has to be conscious. In the facts of
the present case it is difficult to hold that the appellant was in
possession of the opium and, therefore, his conviction and               B
sentence cannot be sustained;!. ;, ,,

    16. In the result, the appeals are allowed, impugned
judgment of conviction and sentence is set aside. Appellant is
on bail, his bail bonds are discharged.
                                                                         c
R.P.                                             Appeals allowed:




   ,.
                          .   t"                            . ; ,.