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Bombay High Court Grants Bail to Customs Clearance Agent in 191.6 Kg Heroin Case: “Statements Recorded Under Section 67 of the NDPS Act Cannot Be Treated as Confessions During Trial”

Bombay High Court Grants Bail to Customs Clearance Agent in 191.6 Kg Heroin Case: "Statements Recorded Under Section 67 of the NDPS Act Cannot Be Treated as Confessions During Trial"

Bombay High Court Grants Bail to Customs Clearance Agent in 191.6 Kg Heroin Case: "Statements Recorded Under Section 67 of the NDPS Act Cannot Be Treated as Confessions During Trial"

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1. Court’s Decision

The Bombay High Court granted bail to the applicant, accused of involvement in an NDPS Act violation concerning 191.6 kg of heroin. The court underscored that prolonged incarceration (three years) without trial violates the fundamental right to a speedy trial under Article 21 of the Constitution. It imposed strict bail conditions, including:


2. Facts

The Directorate of Revenue Intelligence (DRI) seized a consignment containing 191.6 kg of heroin from a container at Navkar Corporation in Raigad, Maharashtra. The applicant, a clearing agent and partner in a logistics firm, was implicated through statements recorded under Section 67 of the NDPS Act. The prosecution alleged his involvement in facilitating the clearance of the consignment. The applicant has been in custody since August 2021. Despite the passage of over three years, the trial involving 54 witnesses has not progressed, and charges have not yet been framed.


3. Issues

The court addressed two primary legal issues:

  1. Right to a speedy trial: Does prolonged incarceration without trial warrant bail under Section 37 of the NDPS Act?
  2. Admissibility of evidence: Can statements recorded under Section 67 of the NDPS Act be used as evidence?

4. Petitioner’s Arguments

The applicant’s counsel made the following key arguments:


5. Respondent’s Arguments

The respondents (DRI) opposed the bail, contending:


6. Analysis of the Law

The court analyzed the following legal principles:

  1. Admissibility of Section 67 Statements:
    • Relying on Toofan Singh v. State of Tamil Nadu, the court reaffirmed that statements recorded under Section 67 of the NDPS Act cannot be treated as confessions during trial.
    • Such statements are inadmissible because officers empowered under Section 53 of the NDPS Act are deemed “police officers” under Section 25 of the Indian Evidence Act.
  2. Right to Speedy Trial:
    • The court cited the Supreme Court’s decisions in Union of India v. K.A. Najeeb and Satender Kumar Antil v. CBI, which held that prolonged incarceration without trial infringes on the fundamental right to a speedy trial.
    • The principle of conditional liberty overrides statutory embargoes like those under Section 37 of the NDPS Act when trial delays are unreasonable.

7. Precedent Analysis

The court referred to several significant judgments:


8. Court’s Reasoning

The court reasoned as follows:


9. Conclusion

The court concluded that the applicant is entitled to bail, given the lack of corroborative evidence, inadmissibility of Section 67 statements, and the inordinate delay in trial proceedings. However, the court imposed strict conditions to prevent misuse of liberty.


10. Implications

Also Read – High Court of Chhattisgarh Rejects Review Petitions Under Section 114 and Order 47 Rule 1 CPC: “Grounds for Review Were Merely an Attempt to Reargue the Case and Did Not Meet the Limited Scope of Review”

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