Vikas Kumar @ Vikas Sharma Vs. Dri - Court Judgment

Excerpt:
criminal procedure code, 1973 - section 439--bail--offence under sections 21, 23, 28 and 29, ndps act--confessional statements by accused before the officer of ncb or dri--admissibility of such statements--confessional statements allegedly retracted later on--such confessional statements are not hit by sections 25 and 26 of evidence act--such statements are admissible in evidence against the persons making it--bail rejected--evidence act, 1872, sections 25, 26--narcotic drugs and psychotropic substances act, 1985, sections 21, 23, 28, 29. - o.p. dwivedi, j.1. petitioner seeks bail in a case under sections 21, 23, 28 and 29 of the narcotics drugs and psychotropte substances act, 1985 (hereinafter referred to as the ndps act) 4.740 kgms of heroine was seized from the co-accused satpal juneja on 9th october, 2001 at the igi airport. the same was concealed in the specially made cavities in the ten air of ladies sandals which were found in part of his luggage. he was to travel from new delhi to jewis. in the statement recorded under section 67 of the ndps act co-accused satpal juneja named the petitioner namely vikas kumar is the person who supplied the said contraband to him. the statement of the petitioner under section 67 of the ndps act was recorded on 8th & 9th march, 2002 wherein he admitted his involvement in the said deal. such confessional statements made before the officers of ncb or dpi are not hit by sections 25 and 26 of the evidence act. such officers are not police officers. thereforee, statement made before them are admissible in evidence against the persons making it. (firozuddin basheeruddin and ors. v. state of kerala, : 2001 crilj4215 ). these confessional statements were allegedly retracted later on. at this stage it is not open to this court to assess the probative value of these retracted confessions. suffice it to say that such statements are admissible in evidence and if believed, can form the basis of the conviction. it cannot be said at this stage that accused is not guilty of such offences or he is not likely to be commit any such of fence. thereforee, keeping in view the provisions of the section 37 of the ndps act, bail cannot be granted. accordingly, petition for bail is rejected.