A Statement Recorded under Section 67 of the NDPS Act, cannot be used as a confessional statement : SC

In the Matter of

Tofan Singh Vs. State of Tamil Nadu Criminal Application No. 152 of 2013

Held that, the officers who are invested with powers under section 53 of the NDPS act are “Police officers” within the meaning of section 25 of the Evidence Act, Thus , any confessional statement made to officers who are invested with powers under section 53 of the NDPS Act would be barred under the provisions of Section 25 of the Evidence Act and cannot be taken into account in order to convict an accused under the NDPS Act,

A statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act.