38.6c New Delhi, India, Thursday, May 30, 2024
Judiciary

Officers Authorized to Investigate NDPS Cases are ‘Police Officers’ and Confessional Statements Made to Them are not Admissible: Supreme Court

By Pavitra Shetty      30 October, 2020 05:56 PM      0 Comments
Officers Authorized to Investigate NDPS Cases are ‘Police Officers’ and Confessional Statements Made to Them are not Admissible: Supreme Court

On Thursday (October 29,2020), the Supreme Court held that statements recorded officers of central and state agencies who are appointed under the Narcotic Drugs and Psychotropic Substances Act, 1985 would not be treated as a confession.

This landmark judgment settles the dispute that has been for over 30 years when a bench of 2 had allowed it to be treated as a confession in the year 2013.

This bench had allowed confessions recorded under Section 67 into evidence.

According to Section 67 of the NDPS Act 1985, any officer authorized by the Centre or a state government may during an investigation call for information “from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder”. 

The officer may also “require any person to produce or deliver any document or thing useful or relevant to the inquiry” or examine any person acquainted with the case.

The question thus arose if these authorized officers are to be treated as police officers or not since if they are 'police officers', statements recorded by them cannot be admissible as evidence.

The judgments are given in the year 1991 and 2008 held that the powers under Section 53 Narcotic Drugs and Psychotropic Substances Act, 1985 are insufficient to make the officer a 'police officer' and hence statements given to them can’t be treated as a confession.

The Supreme Court in the latest judgment stated that such officers are police officers and so any confessional statement that they record under Section 67 of the Narcotic Drugs and Psychotropic Substances Act would not be admissible in a court. 

The bench consisted of Justices Rohinton F Nariman, Navin Sinha, and Indira Banerjee.

Justices Rohinton F Nariman and Navin Sinha said such statements cannot be treated as confession while Justice Indira Banerjee dissented with this view.

The majority judgment of 2:1 ruled that such statements would be hit by Section 25 of the Indian Evidence Act, which says that “no confession made to a police officer shall be proved as against a person accused of any offense”.

Thus, considering the view of the majority the above judgment was considered.



Share this article:



Leave a feedback about this
TRENDING NEWS

aap-minister-atishi-summoned-by-delhi-court-in-bjp-defamation-case-to-appear-on-jun-29
Trending Judiciary
AAP Minister Atishi summoned by Delhi Court in BJP defamation case, to appear on Jun 29

A Delhi Court has summoned Aam Aadmi Party (AAP) Minister Atishi in a defamation case by Bharatiya Janata Party (BJP) spokesperson Praveen Shankar Kapoor.

29 May, 2024 12:44 PM
sikkim-high-court-announces-menstrual-leave-for-female-employees
Trending Judiciary
Sikkim High Court Announces Menstrual Leave for Female Employees [Read Order]

Sikkim High Court grants 2-3 days of menstrual leave monthly to female employees, requiring Medical Officer approval, without deducting from regular leave accounts.

29 May, 2024 01:15 PM

TOP STORIES

live-coverage-in-depth-exploration-of-bhartiya-sakshya-adhiniyam-bsa-at-dhcba-lecture-series
Trending Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
bjp-moves-supreme-court-against-calcutta-high-courts-ban-on-derogatory-ads-targeting-tmc
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM
demand-notice-via-courier-valid-in-cheque-bounce-cases-allahabad-high-court
Trending Judiciary
Demand Notice via courier valid in cheque bounce cases: Allahabad High Court [Read Order]

Allahabad HC rules demand notices via courier valid for cheque bounce cases under Section 138 NI Act, but service presumption needs registered post amendment.

24 May, 2024 01:44 PM
cant-interrupt-in-between-polls-sc-declines-to-consider-plea-for-uploading-voters-turnout-data
Trending Judiciary
'Can't interrupt in between polls,' SC declines to consider plea for uploading voters turnout data

SC declines plea to upload voter turnout data during ongoing polls, citing the need to avoid interruptions and uphold electoral integrity, pending further examination.

24 May, 2024 02:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email