NDPS anticipatory bail protection continues where implication rests mainly on a co-accused's disclosure and Section 67 material.

An accused in an NDPS case was entitled to continued anticipatory bail where alleged implication rested mainly on a co-accused's disclosure statement and material recorded under Section 67 of the NDPS Act. The Court applied the principle that confessional statements before police officers, and Section 67 statements relied on as confessions, are not admissible as a basis to fasten guilt at that stage. Since the petitioner had already joined investigation and the State's additional material was only evidentiary, it was insufficient to refuse protective relief. Interim protection was therefore confirmed and anticipatory bail continued, subject to cooperation with investigation.

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Issues: Whether the petitioner was entitled to confirmation of anticipatory bail in an NDPS case where the alleged implication rested on the disclosure statement of co-accused and the material under Section 67 of the NDPS Act.

Analysis: The petitioner had already joined investigation, and the Court treated the alleged involvement through the co-accused's disclosure statement as governed by the principle that confessional statements made before police officers and statements under Section 67 of the NDPS Act cannot be treated as admissible confessions for the trial of an NDPS offence. The Court noted that the additional material relied upon by the State was evidentiary in nature and was not a ground to refuse the protective order at that stage.

Conclusion: The order granting interim protection was confirmed and anticipatory bail was continued in favour of the petitioner, without expression on the merits of the case.

Final Conclusion: The petitioner retained anticipatory bail subject to continued cooperation with investigation.

Ratio Decidendi: A person implicated primarily on the basis of a co-accused's disclosure or a Section 67 statement cannot be denied anticipatory bail on that foundation alone when such material is not admissible as a confessional basis against the accused.

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