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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Relevance of Confessional Statements of Co-Accused - Only legally admissible confessions of co-accused are relevant against an accused, provided certain conditions are met, such as proper recording and compliance with legal procedures ["
Rajesh Kumar Singh VS State of Bihar - Crimes
"].Admissibility Under Section 30 of the Evidence Act - Confessional statements of co-accused are relevant and can be admissible if recorded in accordance with the law, but not all confessions are automatically admissible; the context and method of recording matter ["
Rajesh Kumar Singh VS State of Bihar - Crimes
"].Confessional Statements Under NDPS Act - Statements recorded under Section 67 of the NDPS Act are generally not admissible as confessional evidence in trials under the NDPS Act, especially if made to police officers or officials with police powers, as clarified in the Supreme Court judgments (e.g., Tofan Singh case) ["
Rajesh Kumar Singh VS State of Bihar - Crimes
"], ["2023 0 Supreme(J&K) 492"], ["2023 0 Supreme(All) 2882"], ["2024 0 Supreme(Chh) 508"].Judicial Precedents - The Supreme Court has consistently held that confessional statements recorded under Section 67 of the NDPS Act are inadmissible as confessions in trials under the NDPS Act, particularly if made to police officers or officers vested with powers under the Act, citing Tofan Singh (2021) SCC 1 and other judgments ["
Rajesh Kumar Singh VS State of Bihar - Crimes
"], ["2023 0 Supreme(J&K) 492"], ["2023 0 Supreme(All) 2882"].Conditions for Admissibility - Confessional statements made before a Magistrate under Section 164 of Cr.P.C. are admissible if properly recorded; confessions made to police officers or during police custody, especially under Section 67 of the NDPS Act, are generally inadmissible as confessions ["2023 0 Supreme(J&K) 492"], ["2023 0 Supreme(Del) 2293"].
Implication for Evidence - The entire case relying solely on confessional statements recorded under Section 67 of the NDPS Act, especially those made to police officers, is often considered legally unsustainable, leading to acquittals or the need for corroborative evidence ["
Rajesh Kumar Singh VS State of Bihar - Crimes
"], ["2023 0 Supreme(Raj) 177"].Analysis and Conclusion:Confessional statements are relevant and admissible under the Evidence Act only if recorded in compliance with legal procedures, such as under Section 164 of Cr.P.C. and not made to police officers or officials with police powers. Under the NDPS Act, statements recorded under Section 67 are generally not admissible as confessions in trials under the Act, especially if made to officers vested with powers under Sections 41, 42, or 53. The Supreme Court has emphasized that such confessional statements, particularly those made during police custody, cannot be used as evidence for conviction, requiring corroborative evidence for a valid case ["
Rajesh Kumar Singh VS State of Bihar - Crimes
"], ["2023 0 Supreme(J&K) 492"], ["2023 0 Supreme(All) 2882"], ["2024 0 Supreme(Chh) 508"].
In the high-stakes world of Narcotic Drugs and Psychotropic Substances (NDPS) Act prosecutions, confessional statements can make or break a case. But when exactly are these statements admissible as evidence? This question arises frequently in drug-related trials, where the line between a voluntary admission and coerced testimony is razor-thin. Understanding the nuances is crucial for accused persons, lawyers, and law enforcement alike.
This article delves into the legal principles governing confessional statements under the NDPS Act, drawing from Supreme Court precedents and recent judicial interpretations. We'll cover voluntariness, the role of recording officers, and evolving limitations, while emphasizing that this is general information—not specific legal advice. Always consult a qualified attorney for your situation.
Confessional statements under the NDPS Act are generally relevant and admissible if made voluntarily, free from coercion, threats, or undue influence. The Supreme Court has long stressed this in cases like Sanjeev vs. Deshpande
Manoj Kumar Bhuyan VS State of Orissa - Crimes (2021)
, where it held that a confession must be voluntary to be relevant and admissible, and the court must scrutinize whether it was made freely and without undue influence.Key points include:- Voluntariness test: Courts examine the circumstances surrounding the statement, including the accused's mental state and any inducements.- No coercion: Statements obtained through threats or promises are inadmissible 2021 0 Supreme(Jhk) 122.
However, admissibility hinges on who records the statement and when it is made.
A pivotal factor is whether the recording officer qualifies as a 'police officer' under Section 25 of the Indian Evidence Act, 1872. Confessions to police officers are typically inadmissible to prevent abuse.
Under the NDPS Act, officers empowered via Sections 42, 53, or 67—such as those from the Narcotics Control Bureau (NCB), Customs, or Revenue Intelligence—are not always classified as police officers. This distinction has allowed admissibility in several rulings:- Kanhaiyalal v. Union of India2011 0 Supreme(SC) 461- Ram Singh v. Central Bureau of Narcotics2011 0 Supreme(SC) 171- Tofan Singh v. State of Tamil Nadu2024 3 Supreme 543
These judgments affirm that confessions made to such officers are admissible, provided they are voluntary and not obtained through coercion or threats.
Statements under Section 67 NDPS (power to obtain information) have traditionally been treated as relevant evidence, even if confessional in nature, as long as voluntary 2024 3 Supreme 543. For instance, in Husen Bhenu Malad2013 8 Supreme 473, the Court noted their relevance when the accused was not under arrest.
The context of custody is critical:- Pre-arrest or non-custody statements are more likely admissible, as in Nirmal Singh Pehlwan v. Inspector, Customs2024 3 Supreme 543 and Husen Bhenu Malad2013 8 Supreme 473.- Custodial confessions face stricter scrutiny and often require corroboration.
Courts advise recording circumstances meticulously to prove voluntariness.
While earlier precedents supported admissibility, recent interpretations have tightened the rules, particularly post-Tofan Singh2024 3 Supreme 543. This landmark 2020 Supreme Court decision expanded the definition of 'police officers' to include NDPS officers under Section 53, rendering many confessions inadmissible.
Subsequent cases reflect this shift:- In 2024 0 Supreme(SC) 1852, the Court held: Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act. The conviction was set aside as it relied solely on such a statement, noting confessions recorded under Section 67 of the NDPS Act are inadmissible for conviction.- Similarly, 2022 0 Supreme(All) 1379 states: That a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act.
Other rulings echo this:- Confessional statements of co-accused are inadmissible against others 2024 0 Supreme(J&K) 44, and not recordable under CrPC Section 164.- Cases solely reliant on such statements lead to bail grants, as in 2023 0 Supreme(Raj) 432, where the petitioner was bailed due to dependence on inadmissible co-accused confessions under Evidence Act Sections 25-26.- 2022 0 Supreme(Raj) 1963 argues: now it is well settled that the confessional statements recorded under Section 67 of the NDPS act are not admissible in evidence.
Even if arguably confessional, using Section 67 statements may violate fundamental rights, requiring the provision to be 'read down' 2021 0 Supreme(J&K) 281 2021 0 Supreme(MP) 329.
Despite these trends, some nuances persist:- Non-confessional relevance: Section 67 statements may still provide leads (e.g., under Evidence Act Section 27 for discoveries).- Corroboration essential: Always pair with independent evidence like recovery memos or witness testimonies.
Recommendations for stakeholders:- For investigators: Document voluntariness thoroughly; prefer non-custodial recordings; seek corroboration.- For defense: Challenge custody status, officer classification, and voluntariness; highlight post-Tofan Singh precedents.- Bail considerations: Inadmissibility often tips scales toward bail, especially without recovery 2022 0 Supreme(Del) 943 2022 0 Supreme(Raj) 1963.
References like 2023 7 Supreme 548 reinforce voluntary statements by Revenue officers' admissibility, but the tide has turned toward caution
Sandeep Kumar vs Central Bureau of Narcotics - Delhi (2019)
2005 0 Supreme(Raj) 2302.In conclusion, while historically admissible under specific conditions, confessional statements under the NDPS Act face heightened scrutiny today. The emphasis is on voluntariness, officer status, and corroboration—but evolving jurisprudence, especially on Section 67, often deems them unreliable for conviction. Stay informed on Supreme Court updates, and seek professional legal counsel for NDPS matters.
This post is for informational purposes only and does not constitute legal advice.
#NDPSAct, #ConfessionalStatements, #DrugLawIndia
A careful reading of Section 30 shows that even as per Section 30, only legally admissible confession of the co-accused is relevant and admissible against the accused, because the condition precedent for making the confessional statement of the co-accused relevant against accused is that there should ... 2021 (4) SCC 1 wherein Hon’ble Supreme Court has clearly held that the con....
The question arises as to whether the confessional statements of co-accused and the confessional statement of the appellant made before a police officer are admissible in evidence. ... It has been urged that confessional statement of a person made before a police officer while being under arrest is not admissible in evidence and the learned trial court has grossly erred....
Thus, having heard learned counsel for both the parties, it is relevant to note that on the basis of confessional statement only, the applicant has been made accused and the statement recorded under Section 67 of NDPS Act is not admissible which is supported by the judgment of Balwinder Singh and Tofan ... That a statement recorded under Section 67 of the NDPS....
Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act. 11. ... It is evident on plain reading of the impugned judgment of the High Court that the entire conviction of the appellant herein is based on his confessional statement recorded under Section 67 of the NDPS Act.
There is no quarrel with the proposition of law that a confessional statement of an accused is not admissible in evidence against a co-accused, nor a confessional statement of an accused, which is not recorded in accordance with the procedure contained in Section 164 of the Cr. ... Thus, the confessional statement of the petitioner made by him before the officials of th....
That a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act." 7. Mr. ... For application of Section 27 of the Evidence Act, admissible portion of confessional statement has to be found as to a fact which were the immediate cause of the discovery, only that would b....
The admissibility of a confessional statement of the accused recorded under Section 67 of the NDPS Act was examined by this Court in the case of Tofan Singh (supra) and it was laid down that such confessional statements are not admissible in evidence. 27. ... That a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional #H....
He have been made accused on the strength of confessional statement made by the co-accused during police custody which is otherwise not admissible in evidence by virtue of Sections 25 and 26 of Indian Evidence Act. ... The entire case wholly and mainly depends upon the confessional statement of the co-accused. 15. ... The relevant paragraph of the judgment reads as under: “For the appl....
He have been made accused on the strength of confessional statement made by the co-accused during police custody which is otherwise not admissible in evidence by virtue of Sections 25 and 26 of Indian Evidence Act. ... The entire case wholly and mainly depends upon the confessional statement of the co-accused. 16. ... The relevant paragraph of the judgment reads as under: “For the applic....
made by an accused and recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act. ... statement of a person accused of an offence under the NDPS Act recorded by such an officer in the course of investigation, is admissible against him. ... That a statement recorded under Section 6....
That a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act.” Therefore, the confessional statements of the applicant cannot be used in the trial.
The said statement is confessional statement and hit by Section 25 and 26 of the NDPS act. The case is at the stage of framing of charge and all the other co-accused are already on regular bail; the proceedings under Section 82 and 83 Cr.P.C. commenced against him are doubtful because of the wrong details regarding him had been furnished in the charge-sheet and the supplementary charge-sheet; there is no material or independent evidence on record to show his involvement in th....
It is further argued that now it is well settled that the confessional statements recorded under Section 67 of the NDPS act are not admissible in evidence. It is argued by learned counsel for the petitioner that on the basis of the said confessional statements, the petitioner was arrested by the police. It is also argued that from the statements of Investigating Officer (PW-11), it is clear that no narcotic substance has been recovered at the instance of the petitioner.
Therefore, law so far as Section 67 vis-à-vis Section 53 and 53-A of NDPS Act is concerned, stands settled. Thus, the same cannot be taken into account in order to convict an accused for this foundational reason. It is further held that even if it is accepted for the sake of argument that a statement obtained under Section 67 of NDPS Act amounts to a confessional statement, permitting the same to be admissible against the accused would violate the Fundamental Right of such accused an....
It is further held that even if it is accepted for the sake of argument that a statement obtained under section 67 of NDPS Act amounts to a confessional statement, permitting the same to be admissible against the accused would violate the Fundamental Right of such accused and section 67 of NDPS Act would have to be read down accordingly. Hence, the same cannot be taken into account in order to convict an accused for this foundational reason.
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