A confessional statement made by an accused before a police officer after the investigation had started is inadmissible in evidence.

JUDGMENT

1. This Criminal Petition is filed under Sec. 438 of Criminal Procedure Code ('Cr.P.C.' in short), seeking pre arrest bail, by the petitioners/A2, in Crime No.110 of 2022 of Chirala-I Town Police Station, Prakasham District, registered for the offence punishable under Ss. 8(c) r/w. 20(b) of the Narcotic Drugs and Psychotropic Substances Act.

2. The case of the prosecution, in brief, is that on 2/4/2022, on credible information, the Inspector of Police, Chirala along with staff and mediators went to Vijilipet, Chirala and found A-1 infront of her house holding one black colour plastic cover and on seeing the police, she tried to run away, but she was caught and she confessed that the plastic bag contained ganja and she was getting ganja from her daughter/ petitioner herein, selling the same to eke out her livelihood. The police seized 470 grams of ganja from her possession and hence, the above crime was registered.

3. Heard Sri S.Siva Rama Krishna Prasad, learned counsel for the petitioner/A-2 and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent-State.

4. Sri S.Siva Rama Krishna Prasad, learned counsel for the petitioner/A-2, would submit that, earlier, the petitioner got filed Crl.M.P.Nos. 198 & 234 of 2022 for grant of bail and they were dismissed by the learned Special Sessions Judge on 26/4/2022 and 12/5/2022 respectively on the ground that the allegations levelled against the petitioner/A-2 are serious in nature. The Criminal petition No.4703 of 2022 got filed by the petitioner/A-2 for grant of anticipatory bail was dismissed by this Court on 12/7/2022 on the ground that the offence is serious in nature, but now there are changed circumstances. He would further submit that the petitioner/A-2 is a woman and she has to look after her son of tender age and that nothing was seized from the possession of the petitioner/A-2 and she was implicated in this case basing in on the confessional statement of co-accused/A-1, which is a weak piece of evidence and that too obtained while A-1 was in police custody and hence not admissible. Further, the contraband alleged to have been seized from the possession of the co-accused/A-1 is 470 grams, which is small quantity and there are no antecedents against the petitioner/A-2 and further contended that substantial part of the investigation is completed. If the petitioner/A-2 is arrested, her reputation as well as that of her family would be tarnished. Hence, prayed to grant pre arrest bail to the petitioner. the co-accused/A-1 from whose possession the alleged contraband was seized was granted bail.

5. On the other hand, the learned Special Assistant Public Prosecutor though admitted that the contraband involved in this case is small quantity and there are no antecedents against the petitioner, he, however opposed the petition submitting that since the petitioner/A-2 was shown as accused basing on the confessional statement of coaccused/A-1, who is none other than her mother and the petitioner may not cooperate with the process of investigation and prayed to dismiss the petition. He brought to the notice of this Court that the coaccused/A1 from whose possession the contraband was seized was granted bail.

6. Perusal of the record would indicate that nothing was seized from the possession of the petitioner and the contraband said to have been seized from possession of A-1 is a small quantity and that the petitioner/A-2 was implicated in this case basing on the confessional statement of the co-accused/A-1.

7. In Bullu Das Vs. State of Bihar, (1998) 8 SCC 130 , while dealing with the confessional statements made by the accused persons before a police officer, the Supreme Court held as under:

"7. The confessional statement, Ex.P5, stated to have been made by the appellant was before the police officer in charge of the Godda Town Police Station where the offence was registered in respect of the murder of Kusum Devi. The FIR was registered at the police sta