- Further, the Hon’ble Apex court in the case of “Tofan Singh Versus State of Tamil Nadu reported in (2021) 4 SCC 1” had held that ‘the powers conferred on officers empowered under Section 53 of NDPS Act are such that they meet the test of being police officers for the purpose of Section 25 of the Indian Evidence Act. Officers empowered under Section 53 of the NDPS Act are invested with all the powers of investigation and power to file police report in respect of NDPS Act offence. Any statement made to such officer during the course of an enquiry or investigation thus can qualify as a confessional statement. Section 67 would have to be read down so as to conform to fundamental rights, and any such “confessional statement” under Section 67 would not be admissible in evidence to convict the accused.’
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The confession alone is not sufficient to infer the guilt in the absence of recovery of contraband from A2 & A3. Thus, Section 67 of the NDPS Act to be read down so as to conform to fundamental rights and any such confession statement under Section 67 of the NDPS Act would not be admissible in evidence to convict the accused. Therefore, no evidence has been let in by the prosecution to prove the conspiracy allegedly hatched by A2 & A3 with other accused.
Party: Intelligence Officer, Narcotic Control Bureau, Chennai Zonal Unit, Chennai-90 – Crl.A.No.594 of 2013 2.Sivanandan … Appellant in Crl.A.No.228 of 2014 Versus 1.Sivanandam 2.K.Vasantharaja @ Chandramohan @ Raja 3.Sivraj @ Raja … Respondents in Crl.A.No.594 of 2013 4.State by: Intelligence Officer, Narcotics Contral Bureau, South Zonal Unit, Chennai. (NCB F.No.48/1/4/2006-NCB/MDS). … Respondents – CRL.A.Nos.594 of 2013 & 228 of 2014 – 22.12.2022.
Source: https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/1012972
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