The charges framed in drugs case against the accused on the basis of voluntary statements given by other accused to the officer of NDPS under section 67 of NDPS act. The apex court observed charges and said that these charges are liable to be set aside as this evidence is inadmissible before court of law.
The apex court bench headed by Justice Sanjeev Khanna and Justice Bela Trivedi highlighted the judgment passed by the Supreme Court last year in Toofan Singh vs State of Tamil Nadu. The apex court, in this case, held that the confession made by the accused to the NDPS officer is not admissible as evidence before the court of law.
This court was dealing with an appeal filed against the order of Allahabad High court in which the court did not discharge the accused under sections 27 and 29 of the NDPS act. There accused contended that there is no other evidence than the voluntary statements of other accused recorded by the NDPS Officer. The High court said that this is material evidence and the trial court committed a mistake by discharging the accused.
The court observed that in view of Toofan Singh vs State of Tamil Nadu judgment, the high court erred by relying on the statement given by other accused to the officer of NDPS.