HC objects to summarising of confessions, pulls up cops

The ruling comes in response to a criminal appeal filed by two convicts under the Narcotic Drugs and Psychotropic Substances Act. The convicts were sentenced to rigorous imprisonment of ten years and were fined Rs 1 lakh each by a Special Judge dealing with NDPS cases. The High Court has set aside their conviction and acquitted them.

While allowing the appeal of the two convicts, Nigerian nationals named John Ogmekwe and Victor Ughelu, the High Court criticised the investigation procedure followed by the intelligenceofficer of the Narcotics Bureau. Since the confessional statements form the backbone of a conviction in an NDPS case, even a minute/subtle change in the statement could prove fatal for the accused, the judges opined. For example, the investigating officer in the present case had claimed that he recorded separate statements of both the convicts on the basis of the answers given in narrative form. However, it was detected that both the statements were identical in content.

Therefore, the judges ruled, there was enough evidence to indicate that the confessions were not voluntary.

The similarities in both the confessions are rather interesting. Both the statements start with "Today on 24.3.1990….. " and end with "Now it is very late in the night. I feel sleepy and tired. I will give the rest of my statement to you on 25.3.1990…".