Non-Admissibility of Co-Accused Statements in NDPS Act Cases: Punjab and Haryana High Court

In a significant judgment that reinforces the principles of criminal jurisprudence, the Punjab and Haryana High Court has granted bail to an accused in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), while making pivotal observations on the admissibility of co-accused statements.

Justice Anoop Chitkara, presiding over the matter, underscored a critical legal standpoint: “Confessional statements under Section 67 of the NDPS Act are inadmissible in the trial of offences under the Act.” This observation came in the backdrop of the case against Veer Singh @ Veeru, who was implicated based on a disclosure statement of the main accused.

The petitioner, Veer Singh @ Veeru, faced allegations under Sections 22(c) and 29 of the NDPS Act and sought bail under Section 439 of the CrPC. His plea was strongly contested by the State, highlighting his extensive criminal history and the gravity of the charges against him.

However, the Court took a nuanced approach in assessing the bail application. It noted that while the petitioner’s criminal history was significant, the bail considerations under the NDPS Act necessitated a deeper analysis. “The burden is on the petitioner to satisfy the twin conditions put in place by the Legislature under Section 37 of the NDPS Act,” remarked Justice Chitkara.

In granting bail, the Court meticulously applied the principles laid down in previous landmark judgments. It placed substantial emphasis on ensuring that the bail conditions were stringent enough to prevent any tampering with evidence or influencing witnesses, as well as to safeguard society at large.

Date of Decision: 17.11.2023

Veer Singh @ Veeru VS State of Punjab