While deciding on the bail application under theNarcotics Drugs and Psychotropic Substances (NDPS), the single judge bench ofJustice Jaishree Thakur has observed that WhatsApp messages will have noevidentiary value unless certified as per Section 65B(4) of the Indian EvidenceAct.
Narcotics Control Bureau (NCB) relied on the alleged WhatsAppchats while opposing the bail application.
The messages were not certified under Section 65 B. Thebench observed, "The recent judgment rendered by the Supreme Court in thematter of Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal and others(2020) 7 SCC 1 has held that a certificate Section 65B of the Indian EvidenceAct is required when reliance is being placed upon electronic record.Therefore, the said message would be of no evidentiary value as on date."
However, the single judge bench of Punjab and Haryana HighCourt asked the NCB to rely on these messages once it gets the certificateunder Section 65B of the Indian Evidence Act.