TMI Blog2021 (7) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... n case of presence of police on the way - HELD THAT:- The petitioner having involved on the basis of disclosure statement of co-accused namely Balbir and Rajinder is hit by the ratio of TOFAN SINGH VERSUS STATE OF TAMIL NADU [ 2020 (11) TMI 55 - SUPREME COURT] wherein it has been observed that the officers who are invested with powers under Section 53 of NDPS Act are the police officers within t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 419, 420, 467, 468, 471, 474 IPC and under Section 6 of Official Secret Act at Police Station Pehowa, District Kurukshetra. Petitioner has been implicated on the basis of disclosure statement of co-accused from whom 248 kgs of poppy husk, 1 Kg 500 grams of opium and 199 Kgs khas khas were recovered. FIR was registered on the basis of secret information, but still name of petitioner did not f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oppy husk, 1 kg 500 grams of opium and 199 kgs.of khas khas was recovered. It has been further contended that the factum of his false implication is further fortified from the fact that the recovery of the aforementioned narcotic contraband was effected on the basis of secret information and his name did not figure either in the ruka sent by the police nor in the FIR in question coupled with the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was escorting the canter in which the contraband was present and he was assigned the duty of giving signal in case of presence of police on the way. Learned State counsel relies upon call details, tower location of the petitioner and the co-accused and also relies upon bank statement showing deposit of amount in the account of co-accused. The material on which the learned State counsel relies u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be used as a confessional statement in the trial of an offence under NDPS Act. In view of aforesaid position, it would be just and appropriate to confirm order dated 27.05.2020, without meaning anything on the merits of the case. Ordered accordingly. However, the petitioner shall keep on joining the investigation as and when required to do so by the Investigating Officer and shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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