Confessional statement against co accused is inadmissible under NDPS – SC
D.D:- January 10, 2022.
Apex court observed in the light of decision Tofan Singh Vs. State of Tamil Nadu that the arrests made by the petitioner-NCB, on the basis of the confession/voluntary statements of the respondents or the co-accused under Section 67 of the NDPS Act, cannot form the basis for overturning the impugned orders releasing them on bail.
Headnote – Sections 8(c), 8A read with Sections 20(b), 21, 22, 27A, 27B, 28 , 29, 37, 67 of NDPS Act -NCB received information two persons i.e., Nausheer Mohammed [A-1] and Noushad Mannakkamvalli [A-2] – carry drugs and travel to Doha by Oman Airways from Bengaluru International Airport along with persons named Khushboo Sharma and Mohammad Asif for trafficking drugs to Doha – NCB officers seized 4.525 Kgs of Hashish, 965 Grams of Amphetamine and 30 Grams of Cocaine from the luggage of A-1 and A-2 – Pallulabid Ahamad Arimutta and Mohammed Majid Saleem were arraigned as Accused Nos. 3 and 4 -, Mohammed Afzal A8 arrested on an allegation – in constant conversation with A-2 and one Abu Thahir @ Abdu [A-5] – and heavy recovery from his rented premises -Munees Kavil Paramabath [A-8] found to be in conversation with A-2, A-6, A-7 and A-8 – statement of A-5 – that A-8 financing the drugs – High Court released all the respondents on bail – aggrieved State and NCB approached SC –Held – no substantial material accused in drug trafficking – confessional statement inadmissible – evidentiary value of CDR examined during trial – Upheld Bail order except one – case of Mohammad Afzal entirely different footing – specific allegations – recovery of substantial commercial quantities of drugs from a rented accommodation occupied by him.
STATE BY (NCB) BENGALURU
VERSUS
PALLULABID AHMAD ARIMUTTA & ANR.
