In Bail Appln. 2657/2021 -DEL HC- Confessional statements under Section 67 of NDPS Act inadmissible: Delhi High Court grants bail to accused in drug trafficking case
Justice Amit Bansal [01-12-2023]

Read Order: Somdutt Singh @ Shivam and Ors V. NCB

Chahat Varma

New Delhi, December 5, 2023: The Delhi High Court has granted bail to two accused individuals in a case involving the seizure of a substantial quantity of psychotropic substances.

In the case at hand, the applicants had sought bail in a case registered under Sections 8/22(c)/23/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Kashmir @ Mausam and Somdutt Singh @ Shivam, the applicants, had been in custody since 30th October 2020, and 15th April 2021, respectively. The case centred around the seizure of a significant quantity of psychotropic substances from parcels and an apartment.

The prosecution's case included key points such as the substantial seizure of psychotropic substances, arrests based on investigation findings, connections established through mobile phones, and testimony from an employee.

The single-judge bench of Justice Amit Bansal observed that, on a prima facie view, the evidence suggested that the apartment, from where recoveries were made, was rented in the name of the applicant Kashmir at the instance of the co-accused persons, and they were paying rent for it. Furthermore, the applicant Kashmir was not found present at the apartment at the time of the recovery of the psychotropic substances. Therefore, at this stage, it could not be conclusively said that recoveries were made from the possession of the applicant, and this would have to be established during the trial.

Insofar as the applicant Somdutt Singh was concerned, the bench noted the only basis for implicating him was the statements tendered by the co-accused persons under Section 67 of the NDPS Act. The bench held that that confessional statements given under Section 67 of the NDPS Act are inadmissible and no recoveries were made from the applicant Somdutt Singh or at his instance.

In view of the aforementioned discussion, the bench concluded that the rigours of Section 37 of the NDPS Act did not apply in the case of both the present applicants.

Further, based on the principles of parity, considering the grant of bail to other co-accused, and with charges framed, the present applicants, who had been in custody for an extended period with satisfactory conduct in jail and no involvement in other cases, the Court held that the applicants were entitled to bail.

In light of these factors, the Court ruled in favour of granting bail to the applicants.