GOPAL KRISHNA GAUTAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 of Code of Criminal Procedure, 1973 for grant of bail. Applicant has been arrested on 10-04-2021 by Police Station Central Bureau of Narcotics, District Gwalior in connection with Crime No.02/2021 registered for offence punishable under Sections 8/18(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) It is the submission of learned counsel for the applicant that he is suffering confinement since 10-04-2021 and private complaint has been filed by the department, therefore, now chance of tampering with evidence or witnesses is remote. Learned counsel referred the statement of prime accused Laxminarayan alias Lachchhi dated 08-03-2021 and 09-03- 2021 as well as of Ranvir Singh dated 08-03-2021 and 09-03- 2021 who are allegedly prime accused in the case but they did not refer name of the present applicant. They referred names of other persons who were allegedly involved in illegal cultivation of opium. Statement of applicant was recorded later on and on the basis of his statement, he has been arrested.

(3.) It is the submission of learned counsel for the applicant that only on the basis of his statement taken by respondent authority purportedly under Section 67 of NDPS Act he has been implicated. Scope of Section 67 vis-a-vis Section 53 and 53-A of NDPS Act, has been considered by recent judgment of the Apex Court in the case of Tofan Singh Vs. State of Tamilnadu,2021 14 SCC 1 wherein it has been held that statement under Section 67 of NDPS Act can only be construed as confessional statement as per Section 25 of the Indian Evidence Act before the police officer and therefore, on such statement accused cannot be convicted.