The inadmissibility of confessional statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

JUDGMENT :

Alok Kumar Verma, J.

These three Bail Applications have been filed for grant of regular bail in connection with NCB Crime No.05/NCB/DDN/2020 (Special Sessions Trial No.136 of 2021, “Union of India through Narcotics Control Bureau, Dehradun vs. Ankit alias Kaka and Others”), registered with NCB Sub-Zone, Dehradun for the offence under Sections 8/22/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, ‘the Act 1985”). All these three bail applications arise from one crime number i.e. NCB Crime No.05, therefore, these bail applications are being considered and decided by this common order.

2. Heard the learned counsel for the parties.

3. Mr. Shobhit Saharia, the learned counsel for the Narcotics Control Bureau (in short, ‘NCB’) submitted that on 24.12.2020 at around 12:30 hours, a secret information was received by Ashu Sharma, Junior Intelligence Officer of NCB, that two persons, namely, Ankit alias Kaka along with motorcycle bearing No.UK16C9943 and Vipin Kumar son of Satish Kumar along with motorcycle bearing No.UK07DB5409 were going to sell drug injections, Diazepam, Buprenorphine and Phenargan to a person, near Tibetten Settlement Office, Lakhanwala, Herbartpur, Dehrdaun. On the basis of the said secret information, 150 ampoules of injections (Buprenorphine – 50 Nos, Diazepam– 50 Nos. and Phenargan– 50 Nos.) were recovered from the possession of the co-accused Ankit alias Kaka and 294 ampoules of injections (Buprenorphine – 98 Nos., Diazepam – 98 Nos. and Phenargan – 98 Nos.) were recovered from the possession of Vipin Kumar on 24.12.2020 at near Dhogu Yugualling, Tibetan Settlement Office, Lakhanwala, Herbartpur, Dehrdaun. Consequently, notices under Section 67 of the Act, 1985, were issued to Ankit alias Kaka and Vipin Kumar. In his voluntary statements, recorded on 24.12.2020 and 25.12.2020, before Mr. Ashu Sharma, Ankit alias Kaka had confessed his guilt that the said injections were recovered from his possession which he had purchased from Vipin Kumar to sell to various boys of Dehradun. Thereafter, he was arrested on 25.12.2020 at 15:30 hours.

4. Mr. Shobhit Saharia, the learned counsel for NCB, submitted that the statements of Vipin Kumar son of Satish Kumar was recorded under Section 67 of the Act, 1985 on 24.12.2020 and 25.12.2020. In his statements, he stated that the said recovered injections were purchased by him from a person, namely, Gaurav alias Rajat Kumar (present applicant). Vipin Kumar was arrested on 25.12.2020 at 15:40 hours.

5. Mr. Shobhit Saharia, the learned counsel for NCB, further submitted that on 25.05.2021, house of Rajat Kumar was searched, but, during the search, no narcotic drug or psychotropic substance was found. At that time, Rajat Kumar was not present. A notice under Section 67 of the Act, 1985 was issued to him. He appeared at NCB Office on 27.05.2021. His statement was recorded. In his statement, he stated that he had purchased the injections from Veer Medical Store, Thana Bhawan, Shamli. Vipin Kumar, the present applicant – accused, was the owner of Veer Medical Store. Rajat Kumar was arrested on 27.05.2021.

6. Mr. Shobhit Saharia, the learned counsel for NCB, submitted that a notice under Section 67 of the Act, 1985 was issued to Vipin Kumar (present applicant). On 02.06.2021, Vipin Kumar (present applicant) appeared at NCB Office and recorded his voluntary statement. In his voluntary statement, he did not accept his involvement in the trafficking of Diazepam, Buprenorphine injections, but, at the same time he accepted that he used to sell Phenargan injections to Rajat Kumar (co-accused) without prescription slips of doctors. A mobile phone of Rajat Kumar was seized. The said mobile phone was sent to Central Forensic Science Laboratory, Chandigarh. On analyzing the forensic report, chatting regarding the purchase and sale of Diazepam and Buprenorphine injections were found between Rajat Kumar (Mobile Number 8057387980) and Vipin Kumar (pr