Bail – Cancellation of – Allegations of drug trafficking – Held: A confessional statement recorded u/s.67 of the NDPS Act will remain inadmissible in trial of an offence under the NDPS Act – Arrests made by petitioner-NCB, on basis of confession/ voluntary statements of respondents-accused or the co-accused u/s.67, cannot form the basis for overturning the impugned orders releasing them on bail – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.67.
Bail – Cancellation of – Allegations of drug trafficking – Held: On facts, the only reason that appears to have weighed with the High Court for releasing A-2 on bail is that his case stands on the same footing as A-1, A-3 and A-4 who had been enlarged on bail – A-2 however cannot seek parity with the aforesaid co-accused and no such benefit could have been extended to him in view of s.37 of the NDPS Act when he was found to be in conscious possession of commercial quantity of psychotropic substances, as contemplated under the NDPS Act – Bail granted to A-2 cancelled – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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