Advocates Cannot Threaten Judges With Corruption Allegations To Force Favourable Orders: Bombay High Court Holds Lawyers Guilty Of Criminal Contempt Co-Sharer Cannot Transfer Specific Portion Of Joint Land; Sale Operates Only As Transfer Of Undivided Share: Himachal Pradesh High Court Companies Act 2013 | Amount Due For Refund Post-Capital Reduction Does Not Qualify As Unclaimed Application Money For IEPF Transfer: Delhi High Court Seniority Cannot Be Claimed By Ad Hoc Or Temporary Employees Over Regularly Appointed Candidates: Supreme Court Supreme Court Directs Deposit Of Entire Enhanced Compensation In Land Acquisition Appeals To Balance Financial Liability And Landowners' Rights Succession To Bhumidhari Rights By Hindu Women Governed By Personal Law As It Stands On Date Of Demise: Supreme Court Hindu Widow’s Limited Life Interest In Agricultural Land Becomes Absolute Upon Enactment Of HSA 1956, Governs Devolution Under Delhi Land Reforms Act: Supreme Court Bodily Injury Under Section 165 MV Act Covers Both Temporary And Permanent Injuries Irrespective Of Disability Certification: Bombay High Court Testimony Of An Injured Witness Is A 'Sterling Witness' With A Built-In Guarantee Of Presence At The Scene Of Crime: Allahabad High Court Scrutiny Committee Has Inherent Power To Direct Re-Examination Of Documents During Caste Verification, Does Not Need To Discard Entire Vigilance Report: Bombay High Court Tender Cancellation Orders Must Be Reasoned; Affidavit Cannot Supplement Missing Reasons: Allahabad High Court Section 9 Of Arbitration Act Allows Interim Orders Against Non-Signatories To Preserve Subject Matter: Delhi High Court Order VII Rule 11 CPC | Parsi Matrimonial Suit Can Be Dismissed At Threshold If Jurisdictional Fact Of Marriage Solemnisation In India Is Absent: Bombay High Court Section 125 CrPC | Maintenance Is A Social Welfare Measure To Prevent Destitution, Not A Tool For Financial Enrichment: Allahabad High Court Locus Standi To Challenge Tenancy Orders | Person With Registered Agreement For Sale Is An 'Aggrieved Person' Under BTAL Act: Bombay High Court State Legislature Lacks Competence To Levy Cess On Agricultural Produce Brought For Manufacturing Without Sale: Uttarakhand High Court Senior Citizens Act | Maintenance Order Attains Finality And Remains Executable Against Legal Heirs Post-Death Of Respondent: Telangana High Court Civil Court Cannot Grant Injunction Against SARFAESI Proceedings Even If Suit Property Title Is Disputed: Madhya Pradesh High Court Co-Accused Confession Without Recovery Hit By Section 23 BSA: Punjab & Haryana High Court Grants Bail In Robbery Case Section 28 Hindu Marriage Act | Appellate Court Can Set Aside Divorce Decree Upon Post-Decree Reconciliation Between Parties: Rajasthan High Court Failure To Collect Electronic Evidence Such As Call Detail Records In Offences Under Section 354 IPC Can Prove Fatal To Prosecution Case: Telangana High Court Mere Pendency Of Challenge To Sale Certificate Before DRT Does Not Bar Mutation Under OSS Rules: Orissa High Court Court May Impose Conditions On Minor’s Custody In Habeas Corpus Proceedings To Protect Best Interest Of Child: Madhya Pradesh High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Order 7 Rule 11 CPC | Plaint Cannot Be Rejected For Lack Of Specific Particulars Or Res Judicata At Preliminary Stage: Kerala High Court Surprise Check Without Prior FIR Registration Casts Doubt On Foundational Facts; Uncorroborated Approver Evidence Tainted: Madras High Court Acquits Former Protector Of Emigrants Appointment Of Lambardar | Appellate Authority Remanding Matter Must Not Pre-Judge Merits Of Candidates: Punjab & Haryana High Court Disciplinary Proceedings | Subsequent Deposit Of Embezzled Amount Does Not Exonerate Employee Or Efface Misconduct: Rajasthan High Court Order XXI Rule 37 CPC | Willful Evasion Of Decretal Debt Despite Having Means Justifies Arrest And Detention: Telangana High Court Claims For Recovery Of Stridhan Must Be Substantiated By Cogent Evidence, Not Merely Oral Assertion: Kerala High Court Concurrent Findings Of Fact Regarding Unproved Oral Family Settlement Cannot Be Re-Appreciated In Second Appeal: Punjab And Haryana High Court Limitation Act | Governmental Bureaucratic Delays Without Acceptable Explanation Cannot Be A Ground For Condoning Delay Under Section 5: Telangana High Court Constitutional Courts Should Refrain From Fixing Time-Bound Schedules For Disposal Of Cases In Lower Courts: Jharkhand High Court Industrial Tribunal Cannot Bypass Adjudication Of Domestic Enquiry Validity In Termination Disputes: Calcutta High Court Section 106 Indian Evidence Act Cannot Shift Burden To Accused Unless Prosecution Establishes A Prima Facie Case: Allahabad High Court NDPS Act | Criminal Antecedents And Stage Of Investigation Are Decisive Factors For Grant Of Bail Under Section 480 BNSS: Andhra Pradesh High Court Cannot Dismember An Existing Factory: Bombay High Court Quashes BMC Notices To Acquire Private Land Under Section 299 MMC Act Order 21 Rule 32 CPC | Proof Of Violation By Way Of Expert Evidence Regarding Age Of Construction Is Mandatory: Himachal Pradesh High Court Section 34 Arbitration And Conciliation Act | Court Cannot Re-appreciate Evidence, But Award Lacking Reasoning And Basis Is Patently Illegal: Calcutta High Court Section 175(3) & (4) BNSS | Magistrate Cannot Pass Mechanical Orders For FIR Registration Against Public Servants Without Complying With Statutory Safeguards: Allahabad High Court

S.27 Evidence Act | Confession to police is admissible U/S 67 NDPS Act if Inculpatory Material Discovered -P&H High Court

07 May 2024 8:19 AM

By: Admin


The Punjab and Haryana High Court has ruled that Section 67 of the NDPS Act preserves the application of Section 27 of the Indian Evidence Act to offences created under the NDPS Act and does not expressly repeal it.

Additionally, Section 67 of the NDPS Act does not expressly preclude the applicability or authority of Section 27 of the Indian Evidence Act (supra), which as previously mentioned is an exception to Section 25 of the Indian Evidence Act, because it does not contain a nonobstante clause.

The court panel, which included Justice Sureshwar Thakur, also stated that there is no conflict between Section 67 of the NDPS Act and either Section 25 or Section 27 of the Indian Evidence Act.

The bail petitioner, who was being held in judicial custody as a result of a FIR filed in accordance with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, was asking the court to release him from detention.

The case-relevant facts include the accuser Anuj Kumar's disclosure statement, in which he identified the applicant as the source of the psychotropic chemicals found in his purported conscious and exclusive possession. The bail petitioner was consequently taken into custody.

In order to determine whether the seizure falls under the category of small quantity, intermediate quantity, or commercial quantity, the court relied on the Apex Court's ruling that not only the weight of the prohibited salt, carried in the seized psychotropic substance, but also the entire weight of the seizure, is to be borne in mind. The seizure in the current case falls under the category of commercial quantity.

As a result, Section 37 of the NDPS Act comes into play, and the bail applicant is thus inherently ineligible for bail.

The court noted that Section 25 of the Indian Evidence Act would apply to all confessional statements made to officers looking into crimes. The Indian Evidence Act's Section 25 does, however, have an exemption to it in Section 27.

Any confessional comments that were made to them would be prohibited by Section 25 of the Indian Evidence Act, and as a result, they could not be used to convict anyone of a crime under the NDPS Act. When an accused person provides a confession or information to a police officer, particularly during the course of the officer's custody interrogation, and when later the fact confessed or the information revealed by the accused person to the police officer concerned is discovered, the bar against the inadmissibility of a bal is evident from a careful analysis of the provisions contained in Section 27 of the Act (supra).

The court further observed that, barring limited circumstances, the information provided by the accused to the investigating officer must result in the identification of the information provided during the accused's interrogation while in custody.

The court made a point of pointing out that Section 67 of the NDPS Act gives the authorised officer the authority to request information about the violation from anyone during the course of an investigation.

Regarding the facts of the current case, the court noted that during Anuj's incarceration, a disclosure statement was made against the bail applicant, and that this statement did, in fact, result in the appropriate finding of incriminating call detail records, bank records, and stock registers.

It was decided that if the person from whom the arrested person obtained possession of the pertinent seizure was implicated in the offence, then that person would likewise be held vicariously accountable.

However, any incriminating information, even if it exists contemporaneously with the arrested person's making of a confessional statement, implicates any other accused if that other accused was in possession of the incriminating information or the recovered incriminating psychoactive substance or narcotic drug prior to that time or before the recovery occurred at the scene of the crime. As a result, in addition to the person who is arrested, the person from whom the arrested person acquires possession (above) is also held vicariously accountable.

As a result, the court determined that Section 37 of the NDPS Act is attracted and that relief from bail is denied in light of the gravity of the seizure.

AMIT KHURANA Vs STATE OF HARYANA

Latest Legal News