NDPS Act--Criminal Conspiracy--Call Detail Records Without Voice Transcripts Insufficient to Establish Drug Trafficking Nexus or Attract Section 37 Rigors
Call detail records showing contact between an accused and a co-accused are insufficient to establish a nexus with drug trafficking under the NDPS Act, in the absence of voice recordings or transcripts. Disclosure statements of co-accused, being inadmissible under the ratio of Tofan Singh v. State of Tamil Nadu, cannot independently sustain a charge of criminal conspiracy under Section 29 of the NDPS Act. Where no contraband is recovered from the accused and the only material is phone logs and disclosure statements, the rigors of Section 37 of the NDPS Act are not attracted.
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