Honble KABIR, J.–The appellant herein, along with one Phool Chand and Ram Prasad, was accused of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and ultimately charges were framed against them by the Special Judge under Section 8/18 and in the alternative under Section 8/18/29 of the aforesaid Act. On denying the charges framed against them the accused persons were sent to trial.

(2). The learned Special Judge framed several issues and ultimately held that the charges had been fully proved against the accused Phool Chand, from whose possession 19 kg 200 gms. of opium was seized. Phool Chand was found guilty and convicted under Section 8/18 of the NDPS Act and sentenced to suffer 10 years R.I. together with fine of Rs.1 lakh, in default, to undergo 2 years R.I. separately.

(3). As far as the appellant herein and Ram Prasad are concerned, the learned Trial Judge found that the charges against them had not been proved and acquitted them of the charges under Section 8/18 read with Section 29 of the NDPS Act.

(4). Aggrieved by his conviction and sentence, Phool Chand preferred Criminal Appeal No.47 of 2002 before the Indore Bench of the Madhya Pradesh High Court. On the other hand, the Union of India also preferred Criminal Appeal No.108 of 2003 against the acquittal of Ram Prasad and the appellant herein.

(5). The High Court heard both the appeals together and ultimately dismissed the appeal preferred by Phool Chand and relying on the statement made by Ram Prasad and the appellant herein under Section 67 of the NDPS Act, found them also guilty of the charges framed against them and allowed the appeal filed by the Union of India. Ram Prasad and Kanhaiyalal (the appellant herein) were also sentenced to 10 years R.I. each and fine of Rs. 1 lakh each, and in default, to further undergo a jail sentence of 6 months R.I.

(6). It is against the said judgment of the High Court that the instant appeal had been preferred by Kanhaiyalal.

(7). Since the appellant, Kanhaiyalal was convicted on the basis of the statement made by him under Section 67 of the NDPS Act, a question has been raised whether such statement made to an officer within the meaning of Section 42 of the said Act could be treated as a confessional statement and whether the accused could be convicted on the basis thereof in the absence of any other corroborative evidence.

(8). As will appear from the records, the case of the prosecution was that on 22.2.1997 an information had been received by Shri Rajesh Nagpal, Assistant Narcotics Commissioner of the Central Bureau of Narcotics, Neemuch, that accused Phoolchand and Ram Prasad were involved in illegal dealing in opium and they had entered into an agreement to buy 25 kgs of opium from the appellant and the delivery of the said contraband was to be made at the site of the well of accused Ram Prasad situated in Haspur. On receipt of the said information, Shri Nagpal went to his office and reported the same. Subsequently, the same was produced before the Deputy Commissioner, Shri Prem Raj. On the basis of the said information a preventive party was constituted which proceeded to the identified site. The raiding party purportedly reached village Hadipiplya Police Station, Manasa, by a Government vehicle at about 3.00 p.m. on the same day and after calling two independent witnesses, Madan Lal and Ram Rattan, who belonged to Hadipatiya, the raiding party proceeded towards the well in question belonging to Ram Prasads father Mangi Lal. The raiding party led by Lala Ram Dinkar, Inspector, along with the said two witnesses reached the said well at about 4.00 p.m. and found two persons sitting there with 3 bags. On seeing the raiding/preventive party, one of the two persons sitting there ran away and although he was chased by some members of the raiding party, they did not manage to catch him. Inspector Lal Ram Dinkar went up to the other person sitting near the well who disclose

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