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

Officers designated u/s-53 of NDPS Act, 1985 can exercise all investigative powers under CrPC: SC

By Jishu      31 October, 2020 05:47 PM      0 Comments
Officers designated u/s-53 of NDPS Act, 1985 can exercise all investigative powers under CrPC: SC

The Supreme Court in the case TOFAN SINGH vs. STATE OF TAMIL NADU said that all the Officers designated u/s-53 of NDPS Act, 1985 have the same investigating powers as the powers vested on officers under The Code of Criminal Procedure, 1973 including the power to file charge-sheet while investigating any offense under NDPS Act.

 

The court with a 2:1 ratio overruled the view of Raj Kumar Karwal V. Union of India (1990) 2 SCC 409 where the court rejected the contentions that an officer designated u/s-53 of the Act as all the power of officer under CrPC including filing a charge-sheet.

It was held that the Act has nothing in its provisions which can express that it desires to vest the officers appointed u/s-53 there is nothing in the provisions of the Act to show that the legislature desired to vest in the officers appointed under Section 53 of the Act, all the powers of chapter XII, including the power to submit a report under Section 173 of the Code.

The court also rejected the contention that the “complaint” referred to in section 36A (1) (d) refers only to section 59 of the NDPS Act. The court also observed that in case Raj Kumar Karwal did not properly appreciate the distinctions that arise between the investigative powers of officers who are designated in the statute is primarily meant for revenue or railway purposes, against officers who are designated under section 53 of NDPS Act.



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