Confessional statement recorded under Section 67 NDPS Act inadmissible: SC

New Delhi: A confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act, the Supreme Court said.

The bench comprising CJI NV Ramana, Justices Surya Kant, Hima Kohli was considering an appeal filed by Narcotics Control Beauro challenging the orders passed by the High Court of Karnataka released on bail the persons accused of the offences punishable under Sections 8(c), 8A read with Sections 20(b), 21, 22, 27A, 27B, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Supreme Court furthre noted that except for the voluntary statements of accused/co-accused recorded under Section 67 of the NDPS Act, there was no substantial material available with the prosecution at the time of arrest to connect the accused with the allegations levelled against them of indulging in drug trafficking.

Therefore, refusing to interfere with the High Court orders (except an order qua one accused), the bench observed thus:

"10. It has been held in clear terms in Tofan Singh Vs. State of Tamil Nadu (2021) 4 SCC 1, that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. In the teeth of the aforesaid decision, 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. The CDR details of some of the accused or the allegations of tampering of evidence on the part of one of the respondents is an aspect that will be examined at the stage of trial."