By Srajan-
The Supreme Court while hearing on cases for clarity on the legal provisions relating to the power of officials to question and examine witnesses has held that witness statements or confessions made before police or NCB officials in narcotics would not be admissible in court.
The verdict given by the Supreme Court has changed the entire scenario of investigation process by the narcotics department as a large number of narcotics cases in the country are based on confession of the accused and witness statements of co-accused.
Like the very recent and famous case of Rhea Chakraborty where the investigation is based on the statements of different persons involved regarding alleged drug purchases.
But now the NCB officials has to acquire more specific evidences which are capable enough to establish a direct link which can be more relevant in the trial.
To prevent misuse of the provisions regarding confessional statements, the 3 judge bench headed by J.Rohinton F Nariman gave this judgment by 2:1 in which the bench has considered the view that investigators under S.53 of NDPS Act are police officers and when read with S.25 of Indian Evidence Act, such confessions are not admissible in court.
Justice Indira Banerjee has however given a dissenting opinion, observing that the NDPS is a special Act, which can override the CrPC where such specific provisions are made.
