The central legal point established in the judgment is the inadmissibility of confessional statements under Section 67 of the NDPS Act as the sole basis for conviction, as highlighted in the Tofan Singh case.

JUDGMENT

(Prayer: in Crl.O.P.No.6565 of 2022 Petition under Section 482 of Cr.P.C., to quash the supplementary complaint filed against the petitioner in Spl.C.C.No.2 of 2003 pending on the file of the learned Special Judge (III Additional Sessions Judge), Pondicherry.

in Crl.O.P.No.10280 of 2022 Petition under Section 482 of Cr.P.C., to quash the complaint and supplementary complaint filed against the petitioner in Spl.C.C.No.2 of 2003 pending on the file of the learned Special Judge (III Additional Sessions Judge), Pondicherry.)

1. These quash petitions have been filed by A3 and A4 respectively against the proceedings pending in Special C.C.No.2 of 2003, on the file of the learned Special Judge (III Additional Sessions Judge), Pondicherry.

2. The case of the prosecution is that A1 was running a business in the name and style of M/s.Essar Pharm Sale at Puducherry and that he is indulging in diversion of Ephedrine HCL-IP precursor / controlled substance under the Narcotics and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act') between Nellore and North Eastern States and abroad for manufacturing narcotics and psychotropic substances. It is further alleged that he was involved in the seizure of 24 Kgs of Ephedrine by Narcotics Control Bureau (hereinafter referred to as the 'NCB'), Kolkata on 17.05.2003. Once again, A1 has procured 500 Kgs of Ephedrine from M/s.Krebs Bio-chemicals Limited, Nellore District and that he took delivery of the same through A2 Kannan, who is a representative of A3 Balamurugan, who had agreed to transport the said substance. The NCB got this information and they reached M/s.Navata Road Transport, Puducherry on 05.06.2003 and enquired about the consignment and they came to know that the consignment had already reached the Transport office and the same has not been delivered to the consignee. Ultimately, at about 17.00 Hrs on 05.06.2003, when two individuals came to Navata Road Transport office to take delivery of the said Ephedrine which had reached in 20 drums, the officers of NCB immediately entered into the Transport Office and enquired about their identity. One person revealed his name as Ramadas (A1) and another revealed his name as Kannan (A2). A1 is said to have informed NCB officers that he had brought the said Kannan from Chennai to take delivery of 20 drums of Ephedrine cargo weighing 500 Kgs in order to transport the same to one Balamurugan (A3) who is the resident of Redhills and that the said Balamurugan is the representative of Kannan.

3. The respondent had filed the complaint before the Court below against A1 and A2 for the offences under Section 25A read with Section 29 and 9A of the NDPS Act, 1985. Insofar as A3 is concerned, he is alleged to have committed the offence under Section 27A and 25A read with Section 29 and 9A of the NDPS Act, 1985. Insofar as A4 is concerned, a supplementary complaint was filed and he was made as an accused on the ground that he had taken demand drafts from his bank account for the purchase of Ephedrine and thereby he is said to have abetted and financed the transaction and thereby had committed an offence under Section 9A read with Sections 27A and 29 of the NDPS Act.

4. The petitioners in these quash petitions have been arrayed as A3 and A4.

5. Heard Mr.John Sathiyan, learned Senior Counsel for the petitioners in both the petitions and Mr.N.P.Kumar, Special Public Prosecutor for the respondent.

6. This Court has carefully considered the submissions made on either side and the materials available on record.

7. Insofar as A3 is concerned, he has been arrayed as an accused mainly based on the confession made by A2 when his statement was recorded under Section 67 of the NDPS Act. A2 had made a confession to the officials belonging to NCB to the effect that A3 is his relative and he had introduced A2 to A1 and had asked him to go over to Puducherry and take custody of the property that is given to him by A1 and accordingly A2 met A1 and by the time