NCB says WhatsApp chats can be anaylsed
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WhatsApp chats, that are end-to-end encrypted, can be analysed by authorities organisations, the Narcotics Control Bureau (NCB) just lately informed the Punjab and Haryana High Court.
Also learn: All you should learn about WhatsApp encryption
Responding to a bail petition filed within the High Court by an 18-year-old beneath Section 439 of the Code of Criminal Procedure in a Narcotic Psychotropic Substances Act, 1985 (NDPS) case, the NCB had acknowledged in that for the reason that whole WhatsApp chat of the accused is end-to finish encrypted, it couldn’t be opened by the NCB, which was constrained to ship it to forensic specialists for its ‘opening and analysis’.
The NCB, Chandigarh submitted that the petitioner and his father, a co-accused, had been present in possession of 520 grams of heroin with none allow or license whereas they had been travelling in automotive. They had been arrested on February 14, 2020.
The NCB mentioned within the Court that petitioner’s involvement in trafficking was established from his dialog with a Nigerian handler-supplier of the contraband over telephone and WhatsApp communications. Screen photographs from the petitioner’s cell phone exhibiting his interplay on WhatsApp with the Nigerian provider had been submitted by the NCB.
The petitioner’s advocate submitted that recordings of the alleged WhatsApp conversations between the petitioner — holder of the cell phone on the related time — and the contraband provider, a Nigerian nationwide, had not been revealed or made obtainable to point out the petitioner’s involvement.
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The NCB counsel acknowledged the WhatsApp dialog was despatched for evaluation on April 4, 2021, because it was not thought of essential earlier in view of the petitioner’s confessional assertion. The counsel added that the NCB was subsequently constrained to ship the WhatsApp conversations for forensic evaluation with the intent to submit its report at an applicable stage throughout trial, which process itself is just not opposite to legislation.
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Justice Sudip Ahluwalia, who was listening to the matter on May 7 in his order acknowledged the Court finds no justification to launch the petitioner on bail at this stage. The petition is, due to this fact, dismissed.
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