No officer acting in exercise of powers vested in him under any provision of this Act or any rule or order made thereunder shall be compelled to say whence he got any information as to the commission of any offence
Simplified Explanation
Section 68 is a provision designed to protect the confidentiality of information sources used by enforcement officers while investigating offenses under the Act. Let’s examine it in detail:
Key Provisions of Section 68
- Protection of Information Source
- Officers exercising powers under the NDPS Act (or any rules/orders made under it) cannot be compelled to disclose the source of their information regarding the commission of an offense.
- This applies regardless of the circumstances or forum (e.g., during court proceedings or other investigations).
- Officers Covered
- The section applies to all officers acting under the powers granted by the NDPS Act, including officers from the police, customs, excise, or narcotics departments.
- Purpose of the Provision
- To ensure that informants or whistleblowers who provide critical information about drug-related offenses are protected.
- This confidentiality encourages people to share valuable information without fear of reprisal, retaliation, or legal exposure.
Rationale and Importance
- Preservation of Intelligence Networks:
The anonymity of informants is crucial for maintaining a robust intelligence system. Disclosure of sources could jeopardize ongoing investigations or future cooperation from informants. - Safety of Informants:
Individuals providing information about drug-related crimes often face threats from organized criminal groups. This provision ensures their safety. - Operational Independence:
By shielding officers from revealing their information sources, the Act allows them to perform their duties without undue interference.
Implications in Practice
- Court Proceedings:
During trials or hearings, defense lawyers may attempt to question officers about their sources to challenge the credibility of the case. However, under Section 68, officers are legally entitled to refuse disclosure of such information. - Informant-Based Investigations:
This provision supports investigations based on tips or intelligence from informants, especially in cases involving large drug trafficking networks.
Safeguards and Limitations
- Balance of Interests:
While protecting sources is essential, it’s equally important to ensure investigations and prosecutions are conducted fairly and transparently. Courts may still examine the sufficiency of evidence without relying on the source’s identity. - Accountability of Officers:
Officers cannot use this provision to justify arbitrary actions or harassment. They must still substantiate their actions based on evidence, even if the original source remains undisclosed.
Comparison with Similar Provisions in Other Laws
- Indian Evidence Act, 1872:
Section 123 and Section 124 protect the disclosure of unpublished official records and communication made to public officers in confidence. - Whistleblower Protection Laws:
Similar protections exist in various laws to encourage reporting of wrongdoing, such as the Whistle Blowers Protection Act, 2014.
