Bald confession hit by Section 25 of Evidence Act – Pb&Hry High Court
D.D: 21.12.2021
It has been observed by the Punjab and Haryana High Court that if ‘any person concerned’, makes a bald confessional statement, it would be hit by Section 25 of the Indian Evidence Act, and/or if any person concerned, during the course of his custodial interrogation, also makes a bald statement, thereupon his bald confession, would be also hit by Section 25 of the Indian Evidence Act.
Section 439 Cr.P.C, Sections 21,22 ,67, 29 and 37 NDPS Act , Section 25, 27 Evidence Act – Bail – Facts -heavy recovery of Drug from one accused Annu – made a disclosure statement revealed purchased the contraband from accused Feroz Ahmed – made a disclosure statement – purchased the contraband from one Anuj Kumar – from Anuj Kumar police recovered -13 boxes of TRAMADOL HYDROCHLORIDE CAPSULES containing 3900 capsules, and, 19 boxes of alprazolam tablets containing 11400 tablets – made a disclosure statement – applicant Amit Khurana supplier of the psychotropic substance, as became recovered from his alleged conscious and exclusive possession – applicant arrested on 26.05.2021 – Bail filed.
Officers investigating offences are police officers within Indian Evidence Act – confessional statements barred – cannot be taken into account for convicting any accused under the NDPS Act – bar created against the inadmissibility – lifted – when discovered in consequence of information received – disclosure statement, is to be accompanied by further corroborative evidence – only a bald confessional statement hit by Section 25 of the Indian Evidence Act..
Further observed by Pb & Hry. High Court A circumspect analysis of the provisions carried in Section 27 of the Act (supra), makes a clear display that, when in pursuance to a confession or information received from an accused, especially during the course of his custodial interrogation, by a police officer, and, when thereafter the fact confessed or the information revealed by such accused person, to the police officer concerned, becomes discovered, thereupon the bar created against the inadmissibility of a bald confessional statement, as made to a police officer, by an accused, becomes lifted, or became relieved, and/or, in other words, the fact discovered in pursuance to a confessional statement, as made by an accused, rather during the course of his custodial interrogation, by the investigating officer, becomes both, admissible as well as relevant.
Bail Dismissed
AMIT KHURANA
Versus
STATE OF HARYANA
