Officers under Section 53 of NDPS Act are police; statement under Section 67 is confessional statement: Supreme Court in 2:1 judgment

The Court noted that given the stringent provisions of the NDPS Act, they have to be construed bearing in mind the fact that the severer the punishment, the greater the care.
Officers under Section 53 of NDPS Act are police; statement under Section 67 is confessional statement: Supreme Court in 2:1 judgment

The Supreme Court has held by a 2:1 majority that officers under Section 53 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 are police officers (Tofan Singh v. State of Tamil Nadu).

As a consequence, confessional statements made to these officers would be barred under Section 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act.

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