Confessions of co-accused before police are inadmissible as evidence, necessitating physical evidence for charges under narcotics laws.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Supplementary affidavit filed today is taken on record.

2. Heard Sri Daya Shanker Mishra, Senior Counsel, assisted by Sri Abhishek Kumar Mishra and Sri Chandrakesh Mishra, learned counsel for the revisionists, learned A.G.A. for the State-respondent and perused the material available on record.

3. The instant criminal revision has been directed against the impugned order dated 17.10.2024, passed by learned Ist Additional Sessions Judge, Ghazipur in Criminal Case No.182 of 2024 ( State vs. Bhagchand Tanwar and others ), under Section 8 /21 of NDPS Act, whereby the application 24-B, moved by the revisionists with prayer to discharge them from charge under Section 8 /21 of NDPS Act has been dismissed.

4. The prosecution case in brief is that S.O. Amit Kumar Pandey, Police Station Jangipur, District Ghazipur accompanied with police team was present on 12.12.2023 at Lava turn trisection where he was informed by S.O.G. Incharge that he had got secret information to the effect that a person had come to purchase some narcotic (illegal heroin) at the culvert on Beso River at Highway No.31 and some persons are coming to sell it. He laid a trap placing reliance on this information and three persons namely, Bagchand Tanwar alias Bhagchand, Rajkamal alias Kamal Sahni and Shivam Pratap Singh riding two motorcycles were intercepted whereas one person succeeded in making good his retreat from the place of arrest of these accused persons. The arrested persons disclosed the name of absconded persons as Abhay Kashyap, son of Ajay Kashyap. From personal search of arrested accused persons, 250 grams illegal heroin was recovered from each of them and from the search of hand bag carried by Bhagchand, Rs.14 lacs cash was also recovered. One packet containing 250 gms. heroin was recovered from spot which was allegedly thrown by the revisionist No.2. Thus, total 1 kg heroin was recovered in the incident. On interrogation, they stated that Bhagchand come from Rajasthan to purchase the contraband and for that purpose a deal was made from Ajay Kashyap, who has sent his son Abhay Kashyap to sell the contraband, who has escaped from the place of incident by motorcycle bearing Registration No.UP61 BC 3225. Three persons who had been caught on the spot alongwith cash and contraband recovered in the incident were arrested and on the basis of arrest and recovery memo, a case under Section 8 /21 of NDPS Act was registered. The police recorded statement of arrested accused persons and on the basis of their statement, the complicity of accused Ajay Kumar Kashyap and Abhay Kashyap was also found. Arrested accused persons disclosed that Bhagchand Tanwar had come from Rajasthan to Ghazipur to purchase heroin/smack pursuant to a deal with Ajay Kashyap, who had sent his son Abhay Kashyap and two other arrested accused to supply the heroin for money. The police submitted the chargesheet against five accused persons after concluding the evidence for said offence. On commencement of trial, an application 24-B was moved by the revisionist with prayer to discharge them from the charge on the ground that they have been falsely implicated in the case. Nothing incriminating has been recovered from their possession. They have only been implicated on the basis of confessional statement of co- accused persons, which is not a valid piece of evidence and cannot be used during trial. However, learned trial court citing certain judgements on discharge under Section 227 Cr.P.C. cited as Ram Narayan Singh vs. State of UP and others , Application U/S 482 No.24164 of 2021, State of Bihar vs. Ramesh Singh (1977) 4 SCC 39 , Union of India vs. Prafulla Kumar Samal and