Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | NDPS Act Before the officers designated u/ss. 42 or 53 purpose and scope of Confession made under Power under s. 67 Extent nature |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Probation of Offenders Act, 1958 (20 of 1958) Indian Evidence Act, 1872 (1 of 1872) Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31 Referred Case 32 Referred Case 33 Referred Case 34 Referred Case 35 Referred Case 36 Referred Case 37 Referred Case 38 Referred Case 39 Referred Case 40 Referred Case 41 Referred Case 42 Referred Case 43 Referred Case 44 Referred Case 45 Referred Case 46 Referred Case 47 Referred Case 48 Referred Case 49 Referred Case 50 Referred Case 51 Referred Case 52 Referred Case 53 Referred Case 54 Referred Case 55 Referred Case 56 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985:ss. 42, 53 and 67 – Power under s. 67 – Extent, nature,purpose and scope of – Confession made under – Before the officersdesignated u/ss. 42 or 53 – Whether admissible as a substantiveevidence – Held: Statement recorded under s. 67 cannot be admittedas a substantive evidence – To hold that such statement can be thebasis to convict a person under the Act would be a direct infringementof the constitutional guarantees contained in Arts. 14, 20(3) and21 of the Constitution.Evidence Act, 1872:s.25 – Officers invested with powers u/s. 53 of NDPS Act –Are ‘Police Officers’ within the meaning of s. 25 – Therefore, anyconfessional statement made to such officers, would be barred u/s.25.s.25 – ‘Police Officers’ – s. 25 – Held: Expression ‘PoliceOfficers’ in s.25 does not only mean a police officer who belongs toState Police force, but includes officers who may belong to otherdepartments – Where limited powers of investigation are given toofficers for some purpose other than the prevention and detectionof crime, such persons cannot be said to be police officers – Wherea person, not a police officer properly so called, if invested with allpowers of investigation, which culminates in filing of police report,such person can be called police officer.Interpretation of statutes:Marginal note – Is an important internal tool for indicatingthe meaning and purpose of a Section in a statute.Words and Phrases:‘Enquiry’ – Meaning of Expression ‘Custody’ – Meaning of – Distinction from the expression ‘arrest’.‘Police Officer’ – Meaning in the context of s. 25 of Evidence Act. |
Judge | Hon'ble Ms. Justice Indira Banerjee Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2020 INSC 620 |
Petitioner | Tofan Singh |
Respondent | State Of Tamil Nadu |
SCR | [2020] 12 S.C.R. 583 |
Judgement Date | 2020-10-29 |
Case Number | 152 |
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