Certificate U/S 65B of the Indian Evidence Act is required when reliance is being placed upon electronic record – P&H HC
Date of Decision.14.01.2021
One accused arrested with contraband and she disclosed the name of other accused after that accused Rakesh Kumar filed a regular bail .contended that own self-inculpatory statement under Section 67 of the NDPS Act, while he was in custody cannot relied.
Opposite Counsel relied on WhatsApp Screenshot and tried to connect petitioner with contraband.
High Court Held that convict a person on the basis of a confessional statement made before an officer designated under Section 42 or Section 53 of NDPS is direct infringement of the constitutional guarantees contained in Articles 14, 20(3) and 21 of the Constitution of India . Statement recorded as a confessional statement under NDPS Act cannot be used in the trial of an offence under the NDPS Act.
Punjab and Haryana High Court also held that a certificate under Section 65B of the Indian Evidence Act is required when reliance is being placed upon electronic record.
Rakesh Kumar Singla
Vs
Union of India
