CRL OP/31964/2026 of Shek Naseer Useen @ Shaik Nazeer Hussian Vs State Rep by The Inspector of Police on 3 November 2026

Order

This Criminal Original Petition has been filed to call for the records pertaining to C.C.No.531 of 2024, on the file of the learned Principal Special Judge, Special Court under the EC and NDPS Acts, Chennai, arising out of

( Uploaded on: 04/11/2026 08:48:12 pm )

CRL OP No. 31964 of 2026

Crime No.442 of 2023, and quash the same insofar as the petitioners are concerned.

2. The case of the prosecution is that A1 and A2 were found in possession of 117.850 Kgs of ganja. Pursuant to the recovery, the respondent police registered a case in Crime No.442 of 2023 for the alleged offences under Sections 8(c) read with Sections 20(b)(ii)(C), 25 and 29(1) of the NDPS Act, 1985. Based on the confession statement of A1, the other accused persons were implicated in the case, wherein the petitioner has been arrayed as A5. The petitioner, who hails from Andhra Pradesh, was arrested and remanded to judicial custody and is presently confined in Central Prison, Puzhal.

3. The further allegation of the prosecution, based on the confession statement of A1, is that A1 and A2 used to purchase the contraband from A5, who is residing in Andhra Pradesh, and that, at the instance of A5, A1 and A2 deposited the money into a bank account. However, the prosecution has failed to produce any bank statement or other documentary evidence to establish the alleged financial transactions or to corroborate the said allegation. Except for the confession statement of A1, no other material is available to implicate the petitioner in the present case.

( Uploaded on: 04/11/2026 08:48:12 pm )

CRL OP No. 31964 of 2026

4. The confession statement of a co-accused cannot be treated as substantive evidence. In the absence of any independent or corroborative material, it would not be appropriate to proceed against the petitioner solely on the basis of such a confession statement. Further, in view of Section 25 of the Indian Evidence Act, 1872, a confession made by an accused to a police officer is inadmissible in evidence and cannot be relied upon by the prosecution to secure a conviction.

5. Further, Section 8(c) of the NDPS Act prohibits the production, manufacture, possession, sale, purchase, transportation, warehousing, use, consumption, import inter-State, export inter-State, import into India, export from India or transhipment of any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided under the Act. In the present case, no material has been placed on record to establish that the petitioner had indulged in any of the activities prohibited under the said provision.

6. Therefore, the only material available against the petitioner is the confession statement of the co-accused, which, by itself, cannot be treated as substantive evidence to sustain the prosecution. In the absence of any independent material capable of being translated into admissible evidence during trial, compelling the petitioner to undergo the ordeal of trial would

( Uploaded on: 04/11/2026 08:48:12 pm )

CRL OP No. 31964 of 2026

amount to a miscarriage of justice. The confession statement of the co-accused, in the absence of any other incriminating material, cannot form the sole basis for proceeding against the petitioner.

7. Heard the learned Counsel appearing on either side and perused the materials placed on record.

8. On perusal of the records it is revealed that A1 and A2 were found in possession of 117.850 Kgs of ganja. Based on the confession statement of A1, the other accused persons were implicated in the case, wherein the petitioner has been arrayed as A5. The petitioner, who hails from Andhra Pradesh, was arrested and remanded to judicial custody and is presently confined in Central Prison, Puzhal.

9. Furthermore, the confession statement of a co-accused cannot form the basis of the prosecution in the absence of any legally admissible material. The alleged confession statement of the co-accused recorded by the police is hit by Section 23 of the BSA, corresponding to Section 25 of the Indian Evidence Act, 1872, and is inadmissible in view of the law laid down by the Honourable Supreme Court of India in Tofan Singh Vs. State of Tamil Nadu, reported in (2021) 4 SCC 1, wherein it was held that the officers invested with powers under Section 53 of the NDPS Act are “police officers” within the meaning of

( Uploaded on: 04/11/2026 08:48:12 pm )

CRL OP No. 31964 of 2026

Section 25 of the Indian Evidence Act and that a confessional statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement against an accused in the trial of an offence under the NDPS Act. Consequently, in the present case also, the alleged confession statement of the co-accused cannot be constituted as legally admissible evidence against the petitioner. Equally, the confession statement of the co-accused also cannot be translated into admissible evidence at the stage of trial.

10. In view of the above discussions, the impugned proceeding against the petitioner cannot be sustained and is liable to be quashed. Accordingly, the proceedings in C.C.No.531 of 2024, on the file of the Principal Special Judge, Special Court under EC and NDPS Act at Chennai, insofar as the petitioner/A5 alone is hereby quashed. In view of the same, the Superintendent of Prison, Central Prison, Puzhal, is directed to release the petitioner forthwith, if his detention is not required in connection with any other case. Accordingly, this Criminal Original Petition is allowed. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AH

( Uploaded on: 04/11/2026 08:48:12 pm )

CRL OP No. 31964 of 2026

To

1. The Principal Special Judge, Special Court under EC and NDPS Act, Chennai.

2. The Superintendent of Prison, Central Prison, Puzhal.

3. The Inspector of Police, M-2, MM Colony Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

( Uploaded on: 04/11/2026 08:48:12 pm )

CRL OP No. 31964 of 2026

G.K.ILANTHIRAIYAN J. AH CRL OP No. 31964 of 2026 03-11-2026

( Uploaded on: 04/11/2026 08:48:12 pm )